Probate Litigation

In Oakland, Alameda County and throughout the Bay Area, the attorneys at the Campbell Law Offices have represented executors and heirs in a variety of disputes which arise during the probate process, from will contests to allegations of breach of fiduciary duty or financial elder abuse.  Wherever possible, the firm seeks innovative and mediated settlements to disputes before pursuing litigation in court.  However, sometimes a court order is the best or only solution, and our experienced trial lawyers are ready and capable of providing strong and effective representation at trial.

Common Causes of Probate Litigation

There may be more than one will in existence, or the will may have provisions struck out or added to it by hand.  In these cases, it may be necessary to litigate the matter to determine which will or will provisions should be given effect.  In some cases, a person who would fare better under the laws of intestate succession if there were no will at all may challenge the validity of the will.

There are many grounds under which a will may be challenged, including that the testator lacked the testamentary capacity to make a will, or that the will was improperly signed or witnessed.  The statute of wills provides very specific requirements that must be present in order for a will to be valid, and any deviation from these rules can nullify a will. 

Also, it may be alleged that the testator made or signed the will under duress or as the result of fraud or undue influence.  These allegations often surface when a will is made or changed by an elderly testator who has been under the care of a close family member or caregiver to the exclusion of other family members.  While the family member or caregiver may claim that he or she is merely being recognized and rewarded for providing care and support in the testator's final years, the other family members may feel that the testator was exploited for financial gain while in a vulnerable or impaired state.  This type of financial elder abuse can be difficult to prove and just as difficult to defend against, depending upon the evidence and witness testimony available. 

The person appointed as the personal representative of the estate to administer the provisions of the will and trust documents owes certain fiduciary duties to the estate and its beneficiaries.  Being a fiduciary does not require the administrator to be a financial expert, but it does require that the administrator act in good faith, honestly, diligently and prudently.  Decisions must be made in the best interests of the estate and not to benefit the administrator - who may be an heir - over the interests of other heirs.

Caring and Capable Legal Representation

Probate litigation often pits family members against each other.  Prolonged litigation can take a heavy financial and emotional toll on the family and cause long-term damage to family relationships.  Our attorneys are sensitive to these issues and work to lessen the pain of litigation as much as possible, while looking out for the best interests of our client overall.  For assistance in a probate dispute in Northern California requiring litigation or other means of resolution, contact the Campbell Law Offices.