Is an Undisputed Probate Possible?

Many people ask us if there is such a thing as an undisputed probate in Los Angeles County! We start by telling our clients that in most cases, people enter a probate case believing that their case is and will be undisputed. You first have to investigate to see if there are possible reasons for discord that can arise later in the estate case. A challenged probate can be costly to the beneficiaries and heirs. Talk to us about a probate contest or an uncontested will.

List of causes of disputed probate cases in Los Angeles:

  1. Every person believes he/she is right.
  2. There is a person who feels entitled in the estate case.
  3. There are long-time feelings of resentment among the parties, siblings, or step-relatives.
  4. Someone who is named as an executor has died or declined to act.
  5. The executor believes he/she is king/queen.
  6. Someone has embezzled money or other assets of the estate.
  7. Someone took unfair advantage of the deceased person before he/she died.
  8. A person claims to be a spouse of the decedent.

There are some unchallenged probate matters in Los Angeles. Finding the right lawyer to turn your disputed probate case to an undisputed one is the task for a client who should ask many questions about the consequences of taking certain courses of action in probate.

Where do you go from here to resolve probate feuds or litigation?

Every estate fight has the potential in being resolved in probate because no one wants to pay for attorneys’ fees. Getting the parties to a settlement table to negotiate a probate case requires everyone’s understanding of the potential costs of probate fees if the case is not mediated.

Why should I mediate in an estate or probate case?

Your friends will ask you “why should you mediate?” You will need to come to the realization that estate trials are extremely expensive. There are often forensic accountants and experts that have to testify as to breaches of duties by the executor. You should mediate to eliminate the extra-ordinary probate fees and costs. Mediation lets you leave money on the table for everyone. Mediating a case allows creative solutions that the court judges do not possess and cannot carve out by law.

Talk to Mina Sirkin, probate trial and mediation attorney about undisputed or other probates in Los Angeles. Call 818.340.4479

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