AREAS OF Practice
Will & Trust Contests
Although no-contest clauses limit the grounds on which a beneficiary may contest a Will or a Trust, either may be contested if a beneficiary believes the Will or Trust was procured through fraud or undue influence, or that the Testator lacked capacity. Other times, a Will or Trust may be contested if the document itself is defective.
A Will or Trust contest should not be entered into lightly, as it can be costly and time consuming.
Therefore, it’s important to speak with an attorney about your eligibility to contest the will, and any alternatives to a contest before you proceed.
Our attorneys will explore all legal options available in your case, and develop strategies to help protect your rights.
Financial Elder Abuse Claims
In the U.S., individuals over 50 score low in measures of financial knowledge and financial literacy, yet their self-confidence in financial decisions may actually increase with age.
Undue Influence Claims
Undue influence is a form of elder abuse. It means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.
Inheritance Disputes
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Separate Property or Community Property Claims
California is a community property state. This means that all property acquired during marriage is presumptively community property unless it is acquired by gift, inheritance, or earned from separate property sources.
Creditor Claims
In general, there is a one year statute of limitation for a creditor to file a creditor’s claim against a decedent’s estate. Once the claim is denied, there is a short window of time for the creditor to file a lawsuit against the estate to enforce their rights. Therefore, creditors cannot delay in bringing their claims against a decedent.