Challenges of Disputes in Probate Court

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.

What makes people have probate disputes?

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.

How do you fix probate disputes in Los Angeles?

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?

List of Types of Probate Disputes in the Los Angeles Probate Court:

Here is a list of estate and probate battles we have concluded in the Los Angeles Court:

  1. Will contests;
  2. Trust contests;
  3. Property ownership disputes;
  4. Forgeries of wills and trusts;
  5. Undue influence in creating trusts and amendments;
  6. Disputes involving which Trust or Will prevail;
  7. Fights about selecting an executor or administrator;
  8. Removing a trustee that fails to act or steals from the trust.

How can Sirkin Law Group, PC’s attorney help with your Los Angeles probate dispute?

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.

Answers to your questions about the Los Angeles Probate Court and probate updates in 2020

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 [email protected].

#probatelitigation #probatedisputes #disputes #trustdisputes #probatecourt #trustlitigation #probatelawyer #probateattorney #trustlawyer #trustattorney #trustlitigation

What is a Los Angeles Probate Court Ex Parte Hearing?

What exactly is a Los Angeles Ex Parte Probate hearing in Los Angeles? Ex Parte means with respect to the interest of one side. In reality, an Ex Parte Probate hearing means that you are given short notice or no notice to act because there is some kind of urgency.

In probate, there are certain situation when the probate court will entertain urgency proceedings by Ex Parte because there is imminent threat of harm or loss. Sometimes, there is urgency in suspending an executor or trustee. Other times, there may be reason to stop a trustee or executor from taking a certain action.

In some cases, when there is a foreclosure pending, estate court judges may also allow a short restraining order against a lender to allow a probate sale to close.

On occasion, the Court may suspend a conservator, make provisional orders to appoint a temporary trustee, executor or conservator to address certain types of issues. Ownership issues are rarely subject of Ex Parte proceedings in estate court in Los Angeles.

While the Court is reinstating operations, Ex Parte hearings are done on paper now, but if the Court wants to set it for a court hearing, you can appear via LaCourtConnect. Here is the link to sign up: The middle column is for non-attorneys and the left column is for attorneys to sign up.

If you have been served with an Ex Parte notice and would like to talk to us, please call probate attorney, Mina Sirkin at 818.340.4479 and email [email protected].

#probate #ExParte #LosAngeles #probatecourt