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Serving Southern California

Estate Litigation Overview

Southern California Estate Litigation Attorneys

Estate Litigation Overview – Estate litigation refers to resolving disputes involving an estate, estate administration, will, trust or probate. When choosing an estate litigation lawyer, make sure your attorney has experience with courtroom litigation and expert people skills.

Common Issues Leading to Estate Litigation

Estate litigation often arises when a person challenges the validity of a will during the Probate process. A Will is often challenged if it does not meet the requirements of the California Probate Code. A Will, to be deemed “valid,” requires that the deceased and two legitimate witnesses have witnessed and signed-off on the Will’s authenticity. Any person offering the Will for Probate in California must provide clear and convincing proof that the Will is valid and might need to produce the witnesses that originally attested that the Will was and is a legitimate document.

Other typical examples. – Estate litigation was initiated when a disinherited daughter believed (and had supporting witnesses) that a her stepmother had “unduly influenced” her father to disinherit her to the stepmother’s enrichment. A now married son, residing out of state began estate litigation when he learned that the appointed Trustee had sold his and his now-deceased fathers extensive coin collection and father’s pricey watch collections at fire-sale prices to close friends of the Trustee that the Trustee had embezzling cash from the trust bank accounts.

Wills are often contested on the “capacity” of the Grantor (the Will’s Creator)

Even if the Will was properly executed, the validity of the Will can still be challenged based on the state of mind of the Grantor. According to the California Probate Code, a will signed by a person under duress or undue influence, due to mistake or fraud, or while the signer lacked the mental capacity to understand his or her actions can be deemed to be invalid. In such cases, the person challenging the validity of the will must present clear and convincing evidence that one of these conditions existed at the time the deceased signed the will.

Skilled Courtroom Litigators are more Successful Outside of the Courtroom too

>Experienced Legal Help with Estate Issues, Will Contests, Trust & Probate Disputes

Will Contests and challenges of this type are often very contentious and Estate Litigation may become necessary. Vincent W. Davis is a skilled and experienced Southern California litigation attorney with 20+ years courtroom litigation experience and some 60+ years of combined legal experience to bring to his client’s defense. Litigation attorney Davis, is quite capable in dealing with with these combative matters and is highly successful at obtaining quick and satisfying resolutions for his clients. Well-known and respected courtroom litigators, such as Mr. Davis, are feared by adversaries and respected by fellow attorneys who would rather negotiate an equitable arrangement than face Mr. Davis in a courtroom setting. When possible, Mr. Davis will make every effort to resolve an estate litigation matter outside of court, but will be fully-prepared to proceed with litigation to protect the rights of his clients.

Resolving Disputes that arise during the Probate Administration Process

As a Probate Administration crawls through the Probate court, many common disputes are likely to mess up the whole process. A Beneficiary may feel that the Executor of the estate is acting improperly, wrongly interpreting provisions of the will, self-dealing, or committing outright theft of the estate’s assets. No matter if you are an Executor or a Beneficiary, if you are concerned about an ongoing Probate Administration where there are conflicts between the Executor and Beneficiaries, or squabbles amongst the Beneficiaries that are causing angst and stress with no solution in sight, consider inviting a skilled 3rd party into the mix to help resolve these issues before they get really ugly where everyone loses and no one wins. Vincent W. Davis is a skilled Probate and Trust Attorney who can help in bringing parties and family members together to find resolution and compromise, or, if absolutely necessary, hash out the issues in a courtroom setting through estate litigation.

Vincent W. Davis is often brought into a Probate Administration as a “legal adviser” to either an Executor or Beneficiaries, and can offer expert counsel to help resolve any Probate Disputes that commonly arise.

Experienced Trust Accounting Disputes Lawyers in Southern California

Vincent W. Davis & Associates is a tough, but ethical, law practice dedicated to aggressively defending the rights of parties engaged in estate litigation throughout Southern California.  If you are an Executor, Beneficiary, or a disinherited heir needing legal advice or assistance, Mr. Davis would be pleased to personally speak with you in total confidence to evaluate your situation and recommend a proper course of action to resolve your estate matter including estate litigation if necessary.

Set Up a Day, Evening or Weekend Appointment Now

Contact The Law Offices of Vincent W. Davis & Associates in Southern California for a complimentary consultation. Consultations are available in Los Angeles, Orange County, Inland Empire including Riverside or San Bernardino Counties. We also handle California Probate, Trust, and Estate matters for out of state individuals. Mr. Davis will personally make time to share his legal advice with you and your loved ones.

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Arcadia Office
150 N. Santa Anita Ave,
Suite 200
Arcadia, CA 91006
Phone: (626) 446-6442
Fax: (626)-446-6454

Beverly Hills Office
9465 Wilshire Blvd.
Suite 300
Beverly Hills, CA 90212
Phone: (310)-880-5733

La Mirada Office
Cerritos Towne Center
17777 Center Court Drive ,
Suite 600
Cerritos, California, 90703
Phone: 888-888-6542

Los Angeles Office
Gas Company Tower
555 West Fifth Street,
31st Floor
Los Angeles, California, 90013
Phone: (213)-400-4132

Long Beach Office
Landmark Square
111 West Ocean Blvd.,
Suite 400
Long beach, California, 90802

Irvine Office
Oracle Tower
17901 Von Karman Avenue,
Suite 600
Irvine, California, 92614
Phone: (949)-203-3971
Fax: (949)-203-3972

Ontario Office
Lakeshore Center
3281 E. Guasti Road,
7th Floor
City of Ontario, California, 91761

Riverside Office
Turner Riverwalk
11801 Pierce Street,
Suite 200
Riverside, California, 92505
Phone: (909)-996-5644

San Diego
Emerald Plaza
402 West Broadway,
Suite #400
San Diego, California, 92101
Phone: (619)-885-2070

Aliso Viejo
Ladera Corporate Terrace
999 Corporate Drive,
Suite 100
Ladera Ranch, California, 92694
Phone: (714) 721-3822