When you are in the Los Angeles Probate Court, you see many types of disputed cases. Most common types of disputes and feuds in court involve several categories of persons: Siblings v. Siblings; Children of the first marriage v. the Second Wife; and Caregivers v. everyone else. A case involving a challenge in probate court will likely be a difficult case. Ownership disputes are also common in probate, especially when it comes to real property.
The root of all probate disputes is emotions. Sibling cases involve one child who believes he or she was loved more or a child who believes that his/her mother loved his sibling more. In the Second wife cases, there is resentment by the children of the first marriage which is the roots of the step-parent feuds in probate court. Conflicts can be deep-rooted or simple disagreements, but for some reason, when they end up in probate court, even a simple discord or estate dispute turns into a full war, sometimes even physical altercations.
Resolving probate fights comes in stages. The first stage is the most difficult time which is several months after the date of death. During this period, people are angry at each other and few cases resolve in this period. However, after the first six months after date of death, it becomes easier to get people to agree to attend mediation. Probate mediation is a rather simple and out of court way of fixing probate disputes in Los Angeles. There are also informal family meetings which can be used if the parties are inclined to talk to each other face to face. In mediation, you do not have to meet face to fact with your family members. The mediator goes back and forth to the parties in separate rooms.
What disputes lend themselves to mediation and settlement in the probate and estate areas?
Here is a list of estate and probate battles we have concluded in the Los Angeles Court:
We get the probate court to give deadlines for filing papers which speeds up the process of getting responses from people. When you are in the middle of emotional issues, we keep the emotions from getting the best of you and the other side. Because we usually get paid at the end of probate, we have every incentive to get your case to close, and to resolve faster. While trials are the forum to get your voice heard, the cost of probate increases by tenfold when you go to trial. This is a fact that you must consider when you fight in probate court.
When you call our Los Angeles attorneys, you will speak with a probate attorney with over 27 years of expertise in the Los Angeles #ProbateCourt matters. We can answer the most common questions about probate in Los Angeles and be your guide when you need an answer about any aspect of estate law in Los Angeles. To make an appointment, call us at 818.340.4479 or email us at Info@SirkinLaw.com.
#probatelitigation #probatedisputes #disputes #trustdisputes #probatecourt #trustlitigation #probatelawyer #probateattorney #trustlawyer #trustattorney #trustlitigation
California Probate Fees; How to calculate the expected probate fee in California.
As a California trustee, you have a fiduciary duty to act in the best interests…
WOSU reported an interesting story about elder abuse where financial arbitrators awarded grandma with $19M…
California has some unique inheritance law when it comes to the community rights of a…
Many people who are over the age of fifty have at one time or another…