Estate & Trust Litigation
When is estate and probate litigation necessary?
Probate administration is known as the legal process by which a will is legally recognized, interpreted by the surrogate court, and then executed appropriately by the official executor of the will. The presence of a will is not required to undergo probate litigation, as the distribution of a person’s assets may still undergo probate upon death. Probate litigation occurs during probate administration when one party has any conflicts with the process such as dispute of the legitimacy of the will, questions about the value of an asset, tax issues, matters associated with the operation of a business that was fully or part-owned by the deceased, and many others.
While there are alternative ways of resolving these disputes without court, there are still many reasons why probate litigation may ultimately be a favorable option, as in cases where there is sufficient compelling evidence that points to a court victory. In other situations, the parties involved in probate are simply unable to come to a common agreement and thus litigation may be the only option for resolution. An excellent San Jose estate planning lawyer can identify opportunities to help further your overall goals in probate court, and will act on those opportunities in order to achieve a satisfying outcome.
Aggressive Probate Litigation Representation in San Jose
WealthPLAN, PC provides top-quality probate litigation support, services and representation that are focused on getting results. The firm can utilize its resources to fully research your rights to assets including property, vehicles, retirement funds and many others, and determine the likelihood of success in court. They are whole-heartedly in your corner and will aggressively pursue all probate litigation matters in order to fulfill your needs as their client. They believe in your right to pursue the things that are important to you and will fight to see that you get it.
When Does Trust Litigation Occur?
Trust litigation is a term that simply refers to legal proceedings that are related to a trust. Beneficiaries of a trust may pursue litigation in an effort to acquire their full legal rights of a trust, or to protect the assets in your trust from creditors or others who may seek to make a claim against your trust. Trust litigation can be a confusing matter without a trusted San Jose estate planning attorney, as the laws associated with this type of litigation are often complex and can be difficult for a novice to comprehend and act upon.
Trust litigation can be initiated during or after trust administration due to a variety of different reasons. A beneficiary may wish to pursue litigation when payments have been insufficiently made as outlined in the trust, when the trustee incorrectly values assets before sale or makes crucial accounting or reporting errors. Creditor claims may also be a common cause of trust litigation, as well as other family members who may feel they are entitled to part or all of a trust. Protecting your trust from negligent trustees or from overzealous opportunists is absolutely critical, especially for those who depend on their trust to maintain their lifestyle.
Winning Trust Litigation in San Jose
Since 1996, WealthPLAN, PC has served many clients throughout the greater-San Jose area in matters of trust litigation and has been able to successfully allow many beneficiaries’ trusts to remain protected from creditors and others who may attempt to make a claim. Additionally, the firm can give clients the advantage they need when seeking their legal rights from a trustee.
WealthPLAN, PC focuses on results by working closely with their clients in order to organize and build a strategy for victory in court. Their team has nearly 30 years of experience in estate planning matters including trust litigation and may be able to provide you with the best legal support available.
Contact a San Jose estate attorney if you would like to pursue a claim for a loved one’s assets in probate or if you protecting a trust.