Rod of Iron Trusts & Estates Counsel

Estate Litigation Attorney Serving the San Francisco Bay Area

These disputes can emerge over various aspects of the estate and its administration, and often involve complex legal and factual questions.

Unfortunately, litigation often becomes necessary to address injustices and ensure the deceased’s intentions are fulfilled. Attorney Bryan Thompson stands out as a compelling and skilled lawyer who specializes in resolving estate-related disputes.

Our experience has shown that probate and trust litigation often stem from the inevitable realities of death, taxes, and greed, compounded by inequities in appearance, fortune, affection, and wealth among siblings and their half-siblings. Grief frequently acts as a powerful catalyst, prompting the living to vent their frustrations on the deceased through legal means, thereby unveiling underlying family discord among those left behind. We advocate for a robust case evaluation and mediation strategy as an effective approach to not only safeguard estate assets but also to help maintain family bonds among the surviving members.

Common types of probate litigation in California include:

• Will Contests. These disputes occur when someone challenges the validity of a will. Grounds for contesting a will may include allegations of undue influence, lack of testamentary capacity (the decedent’s mental ability to make a will), improper execution (the will was not signed or witnessed according to legal standards), or fraud.
• Trust Litigation.  Similar to will contests, trust litigation can arise when there are disputes over the validity of a trust document, the management of the trust by the trustee, or the interpretation of trust terms.
• Breach of Fiduciary Duty.  This occurs when a beneficiary alleges that the executor or trustee has failed to act in the best interests of the beneficiaries or the estate, such as by mismanaging assets, failing to make timely distributions, or engaging in self-dealing.
• Estate Administration Disputes.  Disputes may also arise over the handling of the estate’s administration, including disagreements over the valuation of assets, the payment of debts and taxes, and the distribution of assets to beneficiaries.
• Conservatorship and Guardianship Disputes.  These involve disagreements over the appointment of conservators or guardians for individuals who are unable to manage their own affairs due to incapacity.
• Property Rights Disputes. Disputes over the interpretation of how property is titled or should be distributed, including issues related to community property and the rights of surviving spouses or registered domestic partners.

Probate litigation can be emotionally charged and legally complex, often involving intricate details of state law and the specifics of the deceased person’s estate plan. It typically requires the involvement of attorneys who specialize in probate and estate law to navigate the disputes and reach a resolution, either through negotiation, mediation, or court proceedings. The goal of probate litigation is to ensure the decedent’s wishes are honored (to the extent they are known and legally valid) and that the rights of beneficiaries, heirs, and other interested parties are protected.