Representing Clients Across Southern California in Complex Estate Disputes

The loss of a loved one is never easy. The time following a loved one’s passing should be spent on the grieving process, remembering good times, and reconnecting with family and friends. However, in some situations, the loss of a close friend or family member can mean the start of a challenging legal battle.

Depending on certain factors, a deceased person’s estate may enter what is known as estate litigation. Estate litigation involves legal challenges to a person’s will, estate plan, trusts, and other related matters. Depending on the size, complexity, and value of a person’s estate, estate litigation can drag out for months or even years. This is why, if a loved one’s estate has entered litigation or you believe it needs to enter litigation, consult an experienced and compassionate estate litigation attorney.

What is Estate Litigation?

Estate litigation is a broad term covering any legal challenges, disputes, or other related matters pertaining to a deceased person’s estate. 

Estate litigation may include, but is not necessarily limited to:

• Disputing the Validity of a Will
• Challenging the Appointed Executor
• Allegations of Elder Abuse
• Improper Asset Distribution
• Allegations of Financial Misconduct
• Dying Intestate

These are only a few of the potential reasons an estate may enter litigation. If you believe your loved one’s estate is being mishandled or is at risk in any way, you must contact an experienced estate litigation attorney in Bakersfield right away.

What is Disputing the Validity of a Will?

Disputing the validity of a will involves challenging whether a will should be considered legally enforceable. The validity of a will may be disputed if you believe your loved one may have been pressured into writing or signing a will against their wishes, or if the will was written after they experienced a cognitive decline due to aging, disease, or an accident.

Wills must be written of an individual’s own accord, and while they are of sound mind. A sound mind means they are not experiencing any cognitive impairment due to mental illness, aging, disease, or accident. If someone was pressured into writing a will, forced to sign a will, or they wrote or signed a will while experiencing a cognitive defect, the will may be invalidated by a judge. Disputing the validity of a will often ties into allegations of elder abuse. Under some circumstances, these allegations may lead to criminal charges and legal intervention. An experienced estate litigation attorney can review your case and determine if further action is required.

What is Improper Asset Distribution?

Improper asset distribution involves the executor of an estate giving money, property, or other assets to people other than those listed in the will, in direct violation of the deceased’s wishes. An executor is not permitted to act against the wishes of the deceased except under specific circumstances. Oftentimes, improper asset distribution also goes hand-in-hand with financial misconduct, such as the executor using access to the deceased’s finances to take money for themselves. If you believe an executor is acting against the terms of the will by improperly distributing assets or engaging in financial misconduct, you need an experienced estate litigation attorney.

What is Dying Intestate?

If someone died without a will, or their will was determined to be invalid, that person is said to have died intestate. If someone dies intestate, their estate must enter an extended probate process. Probate is a legal procedure to ensure a person’s estate is distributed in accordance with the law. Probate involves the court appointing an executor, who will then be responsible for handling such tasks as identifying creditors and valuing the estate. When someone dies intestate, it is not uncommon for multiple legal challenges to arise. An experienced estate litigation attorney in Kern County can help you navigate these challenges during a difficult time.

What Should I Do if I Need to Enter Estate Litigation?

Loss is never easy. Everyone should be able to grieve in their own way and at their own pace. Estate litigation can disrupt the grieving process and lead to hurt feelings, unnecessary stress, and prolonged legal battles that can last for months or even years. Don’t let that happen to you. If you’re concerned about how a loved one’s estate is being handled, or the estate has already entered litigation, don’t hesitate to contact the Law Offices of Robert H. Brumfield, P.C. today.

Robert H. Brumfield and his compassionate, dedicated staff, the Kern County estate litigation team, understand how especially challenging estate litigation can be. They work with every client to ease the process as much as possible and strive to take care of all your legal concerns for you so that you can focus on what matters most. Don’t hesitate. Call Robert H. Brumfield today at 661-384-6940 to schedule your free consultation.