Trust and Probate Litigation (Inheritance Disputes)

Trust and Probate Litigation (Inheritance Disputes)

Are you or a family member involved in a Will, Trust or Inheritance Dispute?

Are You an Individual or Institutional Trustee About To Be Sued?

Even with careful estate planning, the terms of a Trust, Will or Power of Attorney document may not reflect the Maker’s real intent or objectives and may eventually result in a dispute or lawsuit.  Allegations of undue influence, mistake, mental capacity and breach of fiduciary duty are issues which may require experienced negotiation and eventually aggressive litigation.

JEFFREY ALLEN TRUST AND PROBATE LITIGATION assists Trustees, Executors, Fiduciaries, Beneficiaries, Omitted Heirs, Creditors, Spouses, Estate Planning Attorneys and other entities with claims and defenses in analyzing and resolving trust, will, inheritance conflicts and allegations of financial elder abuse.  These actions include both the defense of and removal of Trustees and Fiduciaries, demanding a proper Accounting, Monetary  Damages for Breach of Fiduciary Duty, rectifying suspicious bank accounts, deeds or real property transfers, misuse of a Power of Attorney, Claims against the Estate or Trust by Creditors,  undue influence and fraud of the elderly, among other  related actions and defenses.

Types of Inheritance Cases We Handle:

  • Defense of Trustee or Fiduciary
  • Accountings and Administration of Trusts and Wills/Estates
  • Trust and Will Contests, Including Amendments to Trusts and Wills
  • Financial Elder Abuse (Undue Influence/Fraud/ Diminished Mental Capacity)
  • Omitted Heirs and Rights among Beneficiaries
  • Breach of Fiduciary Duty and Removal of Trustee/Executor
  • Misuse of Power of Attorney or Health Care Directive
  • Real Estate Issues related to Trusts and Estates (Sales, eviction, grant deeds, Partition and Quiet Title Actions—Lis Pendens and Execution on Judgments)
  • Agreements/Contracts to Make a Will (leave property) and Spousal/Cohabitation Claims
  • Conservatorship Proceedings
  • Negotiation, Mediation, Discovery re Experts,  Trial

Without the guidance of an experienced estate litigation attorney, the web of rules in this process can be overwhelming and lead to serious error or forfeiture of one’s rights or property. Specific time deadlines are short and crucial.  Whether you are a Trustee or Executor in need of defense, an Estate Planning Attorney who does not litigate or a Beneficiary or Creditor seeking to assert a claim, contact our firm today to discuss your options.

Jeffrey Allen Trust & Probate Litigation assists clients throughout Sonoma County, Napa County, Marin County, and Mendocino County including Santa Rosa, Petaluma, Windsor, Sebastopol, Healdsburg, San Rafael, Novato, Ukiah, Sonoma, and Napa.

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438 First Street, Fourth Floor , Santa Rosa, CA 95401
| Phone: 707-545-9600

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