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Estate Litigation

Estate Litigation Attorneys Serving Sonoma County

Although litigation is not something we typically think of when considering estate matters, there are times when litigation may be necessary. After the death of a person, or when a person becomes incapacitated, there may be disagreements regarding that person’s estate. There could be disagreements over a will, a trust, property, deeds, powers of attorney, undue influence, or conservatorships, vulnerable or incapacitated adults, payable on death accounts, property held in joint tenancy, or other estate issues. Consider some estate issues which could result in litigation:

  • Is the will of the deceased valid?
  • Was the deceased of sound mind when the will was made?
  • Was there undue influence on the deceased when the will was prepared?
  • Did a parent amend a will to leave one child out of the estate?
  • Was the parent unduly influenced to leave a child out of the estate?
  • Did the deceased intend to leave part of his or her estate to a person, then mistakenly left that person out?
  • Are you a personal representative or trustee fighting accusations of mishandling the estate of the deceased?
  • Is a personal representative actually mishandling an estate?
  • Is an elderly person being financially exploited or financially abused?
  • Was a will or other estate document forged?
  • Has there been improper or untimely administration of an estate?
  • Must assets be recovered on behalf of an estate?

These issues, as well as other types of probate disputes, disagreements or lawsuits, can involve complex legal and factual issues, requiring a highly experienced estate litigation attorney to sort out and deal with the litigation issues. Trust and estate matters are very personal; not only has a loved one been lost, but those who cared about the deceased are also left to deal with estate issues they may simply not be equipped to deal with.

Estate Litigation Lawyers

Lawyers who practice estate litigation come equipped with a substantial background in state laws which govern a variety of issues involving conservatorships, trusts, intestate succession, and wills. The estate litigation attorney must combine an analytical approach along with other disciplines involving estate law, bankruptcy law, corporate law, securities law, and civil and appellate law.  An estate litigation attorney must be able to deal with complex family relationships, the emotional aftermath of death and incapacity of a loved one, as well as estate plans which can be convoluted and ill-thought-out.

Estate litigation can involve procedural and ethical issues, as well as complicated state and federal tax issues. An attorney who performs estate litigation must be a skilled arbitrator, mediator, and negotiator, and must also have significant levels of litigation and probate court experience. The goal of an estate litigator but be able to help resolve difficult estate cases in the most expeditious manner possible.

How the Gullotta Law Group Can Help

At the Gullotta Law Group, we never lose sight of our client’s emotional investment in an estate litigation case. We combine our extensive knowledge of estate law with meticulous preparation for trial and persuasive, powerful arguments during a trial which fully show the other side their exposure. The Gullotta Law Group attorneys successfully represent clients in claims against fiduciaries, will and trust contests, charitable organization controversies and disputes. Far too many law firms assign estate litigation cases to attorneys with little or no litigation experience or rely on civil litigators with no estate experience. The Gullotta Law Group is unique in that we offer highly seasoned trial attorneys who also have extensive experience in estate, probate, and trust disputes.

Probate issues may intersect with other legal issues involving insurance, corporate securities, real estate, or taxes. Our attorneys have significant knowledge and experience in all of these areas, bringing that experience to the table for our clients in order to provide the most comprehensive legal representation possible. Estate planning is something few people want to think about, however, it is a necessary part of life. A little planning now can make a huge difference when a person dies or becomes incapacitated. Unfortunately, estate planning may not have been completed with the assistance of an experienced estate planning attorney. If this is true, those left to deal with the decedent’s estate may have no choice but to engage in estate litigation.

Our attorneys will go to great lengths to ensure necessary estate litigation is undertaken with the least amount of burden to those who must deal with it. We will carefully listen to your wishes and goals for any necessary estate litigation, helping you achieve those goals as quickly and efficiently as possible. When you choose the Gullotta Law Group for your estate litigation needs, you will deal with Attorney Gullotta directly, throughout the entire process. We believe in creative, concise, and competent estate litigation and will work hard for a reasonable resolution to your estate litigation problems. Contact the Gullotta Law Group today for a comprehensive evaluation of your estate litigation issues.

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