Practice Areas

Probate Litigation

Probate disputes are complex and emotionally draining. If you are involved in a probate dispute, it is critical to have a lawyer who understands the probate process and the nuances of probate court. Robert Peck and Peck Firm PC have extensive experience litigating probate disputes, including:

Will Contests: Heirship and entitlement proceedings are legal processes used to determine who is entitled to inherit property or assets. Disputes typically arise when a person dies without leaving a will and there is a complex family situation that may include adoptions or distant relatives.

Heirship and Entitlement Disputes: The “personal representative” (sometimes called an executor or administrator, depending on the circumstance) is the person appointed to administer the decedent’s estate. Disputes often arise regarding who should be appointed as personal representative, resulting in competing petitions for appointment being filed with the court. When competing petitions are filed, the court determines who should be appointed.

Disputes Over Appointment of Personal Representative: If a beneficiary believes a personal representative should be removed, he or she may file a petition with the court for the personal representative’s removal. The court may remove a personal representative if they have wasted, embezzled, or mismanaged the estate or are otherwise incapable of carrying out their duties.

Removal of Personal Representatives: Personal representatives have a duty to use ordinary care and diligence and to act in the utmost good faith towards beneficiaries. If a personal representative breaches his or her fiduciary duty, her or she may be liable for damages. In exceptional cases, the personal representative may also be required to pay punitive damages.

Breach of Fiduciary Duty Claims: Peck Firm PC takes a personalized, client-centric approach to each case to ensure clients obtain the best possible results. If you are facing a probate dispute or have questions regarding the probate process, contact us today for a consultation.

Peck Firm PC takes a personalized, client-centric approach to each case to ensure clients obtain the best possible results. If you are facing a probate dispute or have questions regarding the probate process, contact us today for a consultation.

Probate Litigation FAQs

What should I do if I’m having trouble getting my inheritance?
If you’re facing delays or disputes over your inheritance, it may be due to issues like a contested will, disagreements among heirs, or improper actions by the estate’s personal representative. A probate litigation attorney can help you understand your rights, identify the root cause of the problem, and take legal action if necessary to secure your inheritance.

Can I challenge a will if I think it’s unfair or invalid?
Yes, you can challenge a will if you have legal grounds, such as fraud, undue influence, lack of mental capacity, or improper execution. Probate litigation attorneys can help you assess whether your concerns meet these legal criteria and represent you in contesting the will.

What happens if the personal representative isn’t doing their job?
Personal representatives are legally required to act in the best interests of the estate and its beneficiaries. If they are neglecting their duties, mismanaging assets, or acting dishonestly, you can petition the court to remove them and possibly seek damages for any harm caused.

How do courts decide who inherits when there’s no will?
When someone dies without a will, their estate is distributed based on state intestacy laws. This process can become complicated if there are disputes over who qualifies as an heir. A probate litigation attorney can help clarify your rights and represent you in court to ensure your interests are protected.

Can I stop someone from being appointed as the personal representative?
If you believe someone is unfit to serve as the personal representative—for example, due to conflicts of interest, dishonesty, or lack of capability—you can file a competing petition with the court to challenge their appointment. A probate attorney can assist in presenting your case and advocating for a fair resolution.

What happens if someone misuses estate assets?
If a personal representative or another party mishandles estate funds or property, it may be considered a breach of fiduciary duty. In such cases, you can take legal action to hold them accountable, which may include recovering misused assets and seeking damages.

How long does probate litigation typically take?
The timeline for probate litigation varies depending on the complexity of the case and the level of disagreement among parties. Some disputes are resolved within months, while others may take years, especially if they involve multiple appeals. A probate attorney can provide a clearer timeline based on your specific circumstances.

Can I avoid going to court for a probate dispute?
Not all probate disputes require a trial. Many cases can be resolved through negotiation, mediation, or arbitration, saving time and expense. An experienced probate litigation attorney can help you explore these options and advocate for a favorable outcome without the need for court intervention.

How much does it cost to hire a probate litigation attorney?
The cost depends on the complexity of the case, the attorney’s experience, and the billing structure. Some attorneys charge an hourly rate, while others may offer flat fees or contingency arrangements. Discussing fees upfront with your attorney will help you understand what to expect.

When should I contact a probate litigation attorney?
If you suspect any issues with the administration of an estate—such as delays in receiving your inheritance, questionable actions by the personal representative, or disputes among heirs—it’s best to consult a probate litigation attorney as soon as possible. Early legal advice can help protect your interests and resolve disputes more efficiently.

What if there are multiple wills? Which one is valid?
If multiple wills exist, the court will determine which one is valid based on factors like the dates of execution, compliance with legal formalities, and evidence of the deceased’s intent. If you suspect that one of the wills is fraudulent or the result of undue influence, a probate litigation attorney can help challenge its validity.

What if I suspect someone is hiding assets from the estate?
If you believe someone is concealing or misappropriating assets that belong to the estate, you can petition the court to investigate. A probate litigation attorney can help gather evidence, file the necessary motions, and work to recover the hidden assets on behalf of the estate or its rightful beneficiaries.

Why Do I Need a California Probate Litigation Attorney?
It’s important to note that California has specific regulations and nuances in probate litigation. For instance, the state has particular thresholds for what constitutes a “small estate,” which can affect whether probate is necessary. Additionally, California law sets statutory fees for executors and attorneys involved in probate cases. Given these specifics, it’s advisable to consult with a California probate attorney to ensure all aspects of your situation are addressed in accordance with state law.