How to Choose the Best Estate Litigation Attorney for My Needs
Investing in a trust, estate, and probate attorney is one of the most important decisions you will make. Probate, trust and estate litigation often involves stressful and complicated issues. With compassion and respect, our estate litigation attorneys are ready and able to fight for and defend your rights. The Steburg Law Firm in San Jose, CA can provide you with the guidance and support you need, no matter the specific legal matter.
Estate litigation occurs when there’s a need to take legal action when estate decisions do not align with expectations. The attorney you select must be one that’s experienced in this area. Look for a professional that can:
- Show case results from clients they’ve worked with prior that have similar situations as you do
- Provide clear, easy to understand information about your legal options and rights
- Fight aggressively to protect your rights or to prove your case
- Support you in the legal matter you’re facing – seek out an attorney with specific skill
- Provide a compassionate ear and a caring demeanor when you are facing life-changing situations at difficult times of your life, like the loss of a loved one
The Trustee manages and distributes assets of deceased persons who had Living Trusts. This process does not involve the courts when the trust was properly funded prior to death. The debts of the decedent are paid by the trustee first, then the assets are distributed in whatever way the decedent specified in the trust.
When the decedent has only a will or no estate plan, a probate administration becomes necessary. A Court oversees the administration of a probate estate. When all of the assets are inventoried, the debts of the decedent and the estate paid, the remaining assets may be distributed to the heirs. Once the distribution is complete, the personal representative provides the heirs and the court with a final accounting and a closing statement, and the probate is closed.
A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.
Will or Trust Contest
A will or trust contest is a formal objection against the validity of a will or trust based on the contention the document does not reflect the desire or will of the person who executed the document.
Financial Elder Abuse
A trust individual such as a family member, caregiver or friend, slowly gains controls over the senior’s financial assets. Lies, threats, isolation are used to coerce the elder to give up control. Too many times, a new estate plan is executed in favor of the bad actor and disinheriting the other children or family members.
A beneficiary can be the victim of a fiduciary (whether a trustee, administrator, executor or conservator) when the fiduciary does not understand or intentionally does not follow their legal obligations.
Trustee Surcharge Litigation
Surcharge litigation occurs when the court is asked to redress a wrong by holding the executor or trustee financially responsible for the harm caused to the trust.
How the Steburg Law Firm Can Help
You need to be able to trust that this legal matter is in the best possible hands. At Steburg law firm, our trust, estate, and probate litigation attorneys are highly qualified to provide diverse and effective legal strategies to achieve the best possible outcome. When you are facing difficult decisions, reach out to our team as a first step.
We encourage you to set up a consultation to discuss your legal matter with us today. Our trusted professionals are available to answer your questions and work with you to take quick action when you are facing estate-related decision making. Contact our trust, estate, and probate attorneys today for more information and guidance. We’re here for you when you’re facing difficult decisions and troubling situations.