Los Angeles Probate Litigation
Los Angeles Probate Litigation Lawyer
Grief is a heavy burden. When a legal dispute over a loved one’s estate is added to that weight, the path forward can seem impossible. A disagreement over a will, the actions of an executor, or the rightful ownership of assets can fracture families and dishonor a lifetime of hard work.
In these moments, you need more than just legal answers; you need a steadfast advocate. The team at Wade Litigation provides assertive and strategic counsel in Los Angeles probate litigation, fighting to protect your inheritance and uphold your loved one’s true intentions.
The probate courts in Los Angeles County are among the busiest in the nation, and the estates they oversee are often among the most complex. We bring a disciplined approach to these challenges, combining deep knowledge of the California Probate Code with the courtroom experience necessary to resolve high-stakes disputes.
Our mission is to bring clarity and strength to your side during a profoundly difficult time.
Protecting the legacy
- Probate litigation is the formal court process used to resolve disputes that arise during the administration of an estate, such as challenging the validity of a will or trust.
- Strict deadlines govern probate claims. In California, you generally have only 120 days from the date a will is admitted to probate to file a contest, making immediate legal consultation essential.
- Success in these cases depends on a thorough investigation of the facts and a compelling presentation of evidence regarding issues like undue influence, fraud, or a testator’s lack of mental capacity.
- Disputes in Los Angeles often involve complex assets, including real estate holdings, business interests, and intellectual property, which require a sophisticated approach to valuation and litigation.
- An experienced probate litigation attorney acts as your advocate to hold fiduciaries accountable and ensure the estate is administered according to the law and the decedent’s wishes.
Why Wade Litigation is Your Advocate in Los Angeles Probate Disputes
When a family legacy is at stake, the law firm you choose is a critical decision. Wade Litigation provides the sophisticated and tenacious representation that complex probate litigation demands, combined with a commitment to resolving these sensitive matters with integrity and purpose.
Mastery of the Los Angeles Probate Court
The probate division of the Los Angeles County Superior Court, centered at the Stanley Mosk Courthouse, has its own unique rules, procedures, and judicial officers. Our family law attorneys practice in these courts regularly.
We know the system, which allows us to manage your case with an efficiency and foresight that protects you from procedural errors and positions your case for a favorable outcome.
A strategic approach to sensitive family matters
We recognize that probate disputes are often deeply personal and involve complex family dynamics. We balance assertive legal action with a strategic understanding of the underlying family relationships.
Our goal is to protect your legal and financial interests while seeking a resolution that, whenever possible, minimizes further damage to family bonds.
Direct and clear communication
In an emotionally charged and legally complex case, you deserve clear and consistent communication. When you work with our firm, you have direct access to the attorney who handles your case.
We explain the law and the process in plain language, provide honest assessments of your options, and keep you informed at every step so you can make confident decisions.
Aggressive representation
While we always explore opportunities for resolution through negotiation or mediation, we prepare every case for trial from the very beginning. Our opponents know we are ready and willing to litigate a case to verdict.
This trial-ready posture gives you maximum leverage and ensures that we can fight forcefully to protect your rights if a fair settlement cannot be achieved.
Who We Are!
Common Grounds for Probate Litigation in California
Probate litigation arises when an interested party—such as an heir, beneficiary, or creditor—has a legal objection to some aspect of the estate administration. These are not minor disagreements; they are formal lawsuits filed within the probate court. Our firm has experience in handling all types of these disputes.
Will and trust contests
A will or trust contest is a direct challenge to the validity of the estate planning document itself. The person challenging the document (the contestant) must prove that it is legally invalid for one or more specific reasons.
A successful challenge requires compelling evidence that the document does not reflect the true intent of the person who created it. We investigate and litigate claims based on a number of factors.
These grounds for a contest often include:
- Lack of testamentary capacity. Proving the decedent did not have the mental capacity to understand the nature of their assets or their relationships when they signed the document.
- Undue influence. Showing that a person in a position of trust manipulated or coerced the decedent into creating or changing a will or trust for their own benefit.
- Fraud. Demonstrating that the document was procured through deceit, such as a signature on a document misrepresented as something else.
- Improper execution. Arguing that the will was not signed or witnessed according to the strict legal requirements of the California Probate Code.
Proving these claims requires a detailed investigation, which may involve reviewing medical records, deposing witnesses, and consulting with forensic experts.
Breach of fiduciary duty claims
An executor, administrator, or trustee is a “fiduciary,” which means they have the highest legal duty to act in the best interests of the estate and its beneficiaries. When they fail in this duty, they can be held personally liable for any harm they cause.
Spousal property petitions and community property disputes
In California, assets acquired during a marriage are generally considered community property. Disputes often arise over whether a particular asset was the decedent’s separate property or community property, which can dramatically affect the surviving spouse’s inheritance.
We handle spousal property petitions and other litigation to correctly characterize and protect a surviving spouse’s property rights.
The Probate Litigation Process in Los Angeles County
For parents, issues of child custody are the most important part of a divorce. Our firm approaches these sensitive matters with a focus on protecting your children and your parental rights.
The court’s sole consideration is the “best interest of the child.” We help you create a detailed and stable parenting plan that addresses both:
- Legal custody: The right and responsibility to make decisions about your children’s health, education, and welfare. Courts strongly favor joint legal custody.
- Physical custody: The schedule of when the children will be with each parent. This can range from a 50/50 split to a primary custody arrangement with a visitation schedule for the other parent.
We work to negotiate parenting plans tailored to your family’s needs, but we are always prepared to litigate to protect your relationship with your children.
Child support
The state’s guideline formula calculates child support. The primary factors are each parent’s income and the amount of time each parent spends with the children. We ensure the court has accurate income information and considers all relevant financial factors to arrive at a fair support amount.
The Divorce Process in Los Angeles County
We guide our clients through every stage of the divorce process with clarity and purpose.
Filing the petition and initial disclosures
The divorce process begins when one spouse files a Petition for Dissolution of Marriage. The other spouse then files a Response. Shortly thereafter, both parties must exchange preliminary declarations of disclosure, which are comprehensive financial statements that list all assets, debts, income, and expenses.
Temporary orders (“Pendente Lite” Relief)
Finalizing a divorce can take many months. In the meantime, you need rules for custody, support, and financial matters. We can ask the court to make temporary orders at the beginning of the case to establish a stable status quo while the divorce is pending.
The discovery process
Discovery is the formal process of gathering information and evidence. We use legal tools like depositions, subpoenas, and written questions to obtain a complete picture of the marital estate and any other relevant facts.
We use a thorough discovery process in high-asset cases to uncover hidden assets and ensure a fair property division.
Reaching a resolution
Most divorces in Los Angeles are resolved through a negotiated settlement agreement. We are skilled negotiators who advocate for your interests in settlement conferences and mediation.
However, if the other party is unreasonable, we are experienced trial attorneys who will not hesitate to take your case to trial to fight for a just outcome.
The Limitations of AI for Inheritance Disputes
An AI can define “undue influence,” but it cannot analyze a complex family history to identify a pattern of coercive control. An AI can list the elements of a valid will, but it cannot depose a suspicious witness to expose inconsistencies in their story.
Probate litigation is deeply human; it is about intent, relationships, and credibility. Relying on an algorithm to grasp these nuances in a fight for your family’s legacy is a profound mistake.
For the strategic advocacy these cases require, you need the human intelligence and experience of the attorneys at Wade Litigation.
FAQ for Los Angeles Probate Litigation
What is a “no-contest clause” and is it enforceable in California?
A no-contest clause is a provision in a will or trust that states that if a beneficiary challenges the document, they will forfeit their inheritance. In California, these clauses are only enforceable if a beneficiary files a contest without “probable cause,” meaning they did not have a reasonable belief that their challenge had a chance of succeeding.
Who pays for the attorney’s fees in a probate lawsuit?
The general rule is that each party pays their own fees. However, there are important exceptions. For example, if an executor or trustee is found to have breached their fiduciary duty in bad faith, the court can order them to pay the other party’s attorney’s fees personally.
Can I challenge a trust in the same way I can challenge a will?
Yes. The same legal grounds used to contest a will—such as lack of capacity, undue influence, or fraud—can also be used to file a petition to invalidate a trust or a specific amendment to a trust. The legal process is similar but takes place under a different set of procedural rules.
How do I remove an executor or trustee who is not doing their job?
You can file a petition with the probate court asking for the removal of the executor or trustee. You will need to present evidence that they have mismanaged the estate, breached their fiduciary duty, or are otherwise unfit to serve. If the court agrees, it will remove them and appoint a successor to take over the administration.
Do all probate disputes have to go to trial?
No, the vast majority of probate litigation cases are resolved before trial. Many cases are settled through direct negotiation between the attorneys or with the help of a neutral mediator. A settlement can often provide a faster, more private, and less expensive resolution for all parties involved.
Protect Your Legacy with a Proven Legal Team
You do not have to accept an unjust outcome that dishonors your loved one’s memory. The Los Angeles probate litigation attorneys at Wade Litigation are ready to stand with you, providing the strong and strategic representation needed to protect your rightful inheritance.
Our firm serves clients with probate matters throughout Los Angeles County from our Redondo Beach office. We invite you to schedule a confidential consultation to discuss your case and learn how we can fight for the legacy your family deserves.
Call Wade Litigation at (866) 784-2624 or complete our online contact form to connect with our legal team.