Probate Litigation
Fullerton, Lemann, Schaefer & Dominick, LLP represents clients in mediations, arbitrations, trials and appeals involving probate litigation matters in Riverside and San Bernardino Counties and throughout the Inland Empire Region of Southern California.
We represent executors, administrators, conservators, beneficiaries, heirs and other parties in all manner of trust and estate disputes, including but not limited to:
- Will Contests
- Allegations of Incapacity/Undue Influence/Fraud
- Allegations of a Breach of Fiduciary Duty
- Accounting Disputes
- Heirship Petitions
- Removal or Surcharge of Personal Representative
- Recovery of Assets
- Elder Abuse Claims
- Disputes involving Community Property/Quasi-Community Property Rights
- Title Disputes
Probate Disputes
Probate disputes, especially those involving family members, can be particularly contentious and emotional. A death in the family tends to heighten any existing animosity among family members, and perceived inequities in the distribution of an estate can quickly lead to conflict.
Probate disputes may arise for a variety of reasons. Disputes can arise over the construction and validity of the will, or over allegations of fraud, coercion or undue influence. Family members may disagree over who should act as the personal representative. Disagreements are also common between beneficiaries of the will and the fiduciary, such as concerns over financial decisions or investments made by the personal representative, or other property management issues. If the personal representative is also a beneficiary, concerns over potential conflicts of interest can also lead to litigation.
Disputes also arise due to dissatisfaction with the decedent’s estate plan. This often occurs in second marriage scenarios when the decedent’s children from a previous marriage are at odds with a stepparent. This also frequently happens when an heir is disinherited, or receives a smaller share of the estate than his or her siblings.
Experienced Probate Litigation Representation
Probate disputes require particular sensitivity to the emotions and family dynamics that are often at the heart of the dispute. Our probate litigators understand the nature of these disputes and have the experience and skill necessary to successfully represent your interests. For a consultation regarding your probate litigation matter, contact Fullerton, Lemann, Schaefer & Dominick, LLP.
