San Diego Probate Litigation Attorney
When an estate goes through probate, it can be an emotional time for all parties involved. At Brierton, Jones & Jones, LLP, our expert probate litigation attorneys will expertly guide you through this process. If a probate proceeding becomes contested, you need qualified legal counsel to represent and protect your interests.
When Should I Hire a Probate Litigation Attorney?
When a person passes away, their assets are distributed to their rightful heirs or beneficiaries, whether there is a will, trust, or no legal document outlining their wishes. In many cases, a probate court will oversee this process to ensure the assets are legally and properly transferred.
It’s best to seek help from an experienced probate litigation attorney when:
- A will or trust is being challenged or contested
- The accountings or creditors’ claims are being contested
- There’s a dispute over a particular person making a claim on the property or assets
- A trustee has breached their fiduciary duties, meaning they are not legally fulfilling their duties to ensure the decedent’s wishes are properly being carried out, or
- There is a question of undue influence or mental capacity of the decedent
Understanding the Terminology
If you’re involved in a probate dispute and are considering hiring a probate litigation lawyer to help resolve the situation, here are some of the common terms to familiarize yourself with:
Probate is a judicial process where a court reviews the assets of a deceased person, determines who the inheritors are, and orders how those assets will be distributed. It can take up to a year to complete.
The term ‘estate’ refers to all property owned by the decedent at their death, including real property and personal property. All estate assets are collected and managed by the personal representative during probate.
An administrator is a personal representative appointed by the court to administer an estate when someone dies without a will or if the executor named in the decedent’s will cannot carry out their duties.
An executor is a personal representative appointed by the court to administer an estate when someone dies with a will. The executor is usually named in the will.
An heir is an individual or entity legally entitled to the assets of someone who has passed away.
A decedent is a person who has passed away.
The term intestate refers to dying without a valid will or without a valid distribution in a will.
- Estate Planning
- Trust Administration
- Special Needs Trust
- Probate Litigation
- Trust Litigation
- Trust & Estate Mediation
- Real Property Tax Consultation
- Estate Tax Returns
- Agent Representation
When you need a San Diego estate planning attorney to help you put everything in order, Brierton, Jones & Jones, LLP is here for you.
Marked by Integrity
Over 30 years of practice in San Diego County and a reputation for professional excellence.
Driven By Excellence
Award-winning attorneys who resolve even the most complicated issues and cases.
One of the few San Diego firms that focuses exclusively on trust and estate matters.
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A team that thinks outside the box to find the best solution to your problem.
Our clients and their families return to us generation after generation.
Our attorneys are actively involved in the local community and have been for over 30 years.
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