Orange County Probate Litigation Lawyer
Skilled Irvine Probate Litigation Attorney
The last thing any family wants to deal with when a loved one passes away is a dispute amongst family members about how to handle the deceased's estate. The emotions that may arise can break apart families and cause long-term damage to relationships.
I am Robert L. Wishner, Attorney at Law, and I have been helping families resolve estate administration matters through probate litigation for over 30 years from my office in Irvine. My goal is to help families resolve sensitive legal situations and preserve familiar bonds in the process. If you believe probate litigation is necessary to resolve a conflict surrounding an estate, please contact me today to arrange a consultation to see how I can be of service to you.
Knowledgeable Probate Litigation Representation
If a dispute arises over a deceased person's estate, each party will need a knowledgeable legal advocate. I have extensive experience handling any circumstances leading to probate litigation, including:
- Will contests
- Estate creditor litigation
- Challenges to the actions of the executor, including allegations of fraud, breach of fiduciary duty
- Divorce and spousal property petition complications
- Claims against parties misrepresenting themselves as representatives of the estate
- Inheritance disputes brought by unnamed beneficiaries
- Trust litigation
One of the most common types of probate dispute involves a caregiver who receives a bequest from the deceased person's will and is accused of exercising undue influence. In California, the law looks on these situations with suspicion, and there are special procedures to handle estate gifts to caregivers. The court will address if lack of capacity or duress was evident at the time the deceased amended or executed a will to include these types of provisions. I can help you gather evidence to prove or contest this finding.
Another common circumstance is for wills to contain no-contest provisions disinheriting anyone who unsuccessfully contests the will. If your loved one's will contains such a provision, I can counsel you on the possible consequences.
Your Advocate in Probate Litigation
As your probate lawyer, I will examine the relevant estate plan documents to help counsel you concerning the deceased's intentions. I will also investigate any allegations that the estate was mishandled during the probate administration process and how to rectify the mistakes.
My goal is to reach an amicable resolution that will allow for the rest of the estate to pass through probate. Contact me today to arrange a consultation at my Irvine office to discuss your probate litigation needs.
