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We are your Probate Attorneys

Regardless of whether you are an heir, an estate administrator or another party to a Will or trust, our team at Wade Law Group can help you find a resolution.

Resolving Matters Relating To Probate

Losing a family member is painful enough without having to deal with family disputes. In some cases, however, surviving relatives cannot agree on the deceased person’s final wishes.

An heir may disagree on an inheritance dispute. Surviving siblings may argue with the estate administrator about the terms of a trust. Disputing a will is also common.


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Settling A Conflict Over A Will

Family members or other beneficiaries may contest a will if they believe:

  1. The Will was not executed or signed properly.
  2. There is doubt about the testator’s mental capacity at the time the Will was created.
  3. Concern exists that another party exerted undue influence over the creation of the Will.
  4. The challenging parties believe another party committed fraud to have certain designations introduced into the Will.

Other Probate Litigation Conflicts Our Firm Handles

Even if a Will is determined to be valid, many other disputes can arise as an estate moves through probate. The attorneys of our firm have more than 35 years of collective experience as civil litigators, and some of the probate cases they handle regularly include:

  • Contested trust, guardianship and conservatorship cases
  • Disputes over jointly owned properties
  • Tax apportionment disagreements
  • Challenges to the estate administrator’s execution of their fiduciary responsibilities

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Probate Litigation | Wade Law Group

Even when a will is valid, many disputes can arise throughout the probate process warranting the services of a probate attorney in California. The probate judicial process requires you to file documents with the court and appear before it as needed.

If you believe something is wrong with the will, estate documents in probate, or the process itself, don’t stand by and let the process continue. Instead, hire Wade Law Group, the best probate law firm California has to offer.

Probate is an administrative process but sometimes takes a legal turn when disputes arise. For example, a family member may hire the best probate litigation attorney California has to offer if they believe any of the following:

Contested Trust, Guardianship or Conservatorship

Wade Law Group works hard to resolve contested trust, guardianship, or conservatorship disputes. We seek outcomes that serve the parties’ best interests (especially the vulnerable) and protect the assets.

Guardians make decisions for incapacitated minors or adults regarding their health and welfare while conservators handle their assets and finances. You can contest a conservatorship or guardianship if the adult can make sound decisions or if the appointee is unfit for the role.

Challenging How an Estate Administrator Executed Their Fiduciary Responsibilities

The executor or administrator is charged with taking inventory of a deceased’s estate, notifying creditors about the probate process, paying claims and taxes against the estate, challenging claims, and ensuring heirs receive their inheritance.

A testator appoints an executor, while a law court appoints an administrator to manage the deceased’s estate. Both have fiduciary duties to the estate, meaning they owe it to the estate and its beneficiaries to act in good faith due to their position of trust and power.

Probate litigation involves claims that executors or administrators acted improperly, for example, selling estate property to enrich themselves at the expense of heirs and beneficiaries.

Tax Apportionment Disagreements

An apportionment clause in a will specifies the allocation of the estate tax burden among its beneficiaries. Omission of the clause or poor wording may result in unintended consequences. A testator may decide to apportion estate taxes in several ways, including:

  • Have the taxes paid from the assets passing through the will, meaning beneficiaries who receive assets outside the will (such as IRAs, life insurance proceeds, or retirement plans) won’t bear any tax burden.
  • Allocate taxes among the beneficiaries, whether they receive assets inside or outside the will.
  • Provide tax returns from the residual estate after making gifts and bequests and paying all expenses and liabilities.

Whatever the case, a Wade Law Group probate attorney in California can help protect your interests.

Disputes Over Jointly-Owned Properties

Joint property ownership makes the buying process affordable. For example, it could involve an unmarried couple, friends, siblings, or business partners. Unfortunately, an inherited jointly-owned property often causes contention with multiple benefactors since each is a joint owner with equal entitlement.

For example, the owners may disagree over when and how to sell the property and hire a probate lawyer. California law allows joint property owners to force a real estate sale through a court-ordered process. WLG attorneys can help protect your interests in such cases.

Our process

This is how we do it

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01. Consultation

We evaluate your case and determine the parameters.

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02. Strategy

Build a strategy around your goals and begin the process.

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03. Planning

We plan every stage of your case and present you with all the details .

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04. Execute

Aggressively pursue our goals in court according to the strategy and plan.

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05. Results

Provide results for every single one of our clients is our mission and main goal.

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06. Satisfaction

Your satisfaction is why we work so tendentiously to achieves your goals.

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Why Hire Wade Law Group (WLG)?

The Wade Law Group can help resolve your probate issue whether you are an heir, a party to the will or trust, or an estate administrator. Our attorneys have experience litigating numerous probate and estate matters in California. Contact us when you feel something is amiss with your probate process, and we’ll discuss the best solution.


Help From An Experienced Team Of Litigators

Regardless of whether you are an heir, an estate administrator or another party to a Will or trust, our team at Wade Law Group can help you find a resolution.

Our lawyers have many years of experience litigating a wide range of civil matters, including probate and estate matters, for those in San Jose and throughout the Bay Area.

We turn to alternative dispute resolution methods to resolve matters, but in many cases, a conflict is often too contentious for the family to resolve amicably.

If litigation is necessary, we will utilize our knowledge and experience to zealously safeguard your rights and interests.

Cost is always a consideration for many people. We understand. Our ultimate goal is not only to find the best solution, but also do so efficiently and cost-effectively.

Let us help you.


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Practice Areas

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