Question 1

What is an inheritance dispute in California?

Accepted Answer

An inheritance dispute is a legal conflict that arises when heirs, beneficiaries, or family members disagree over the distribution of a deceased person's estate. Common types include contested wills, trust disputes, fiduciary misconduct claims, and probate litigation. In California, these disputes are governed by the Probate Code and are typically resolved in probate court.

Question 2

How do I contest a will or trust in California?

Accepted Answer

To contest a will or trust in California, you must have legal standing (typically as an heir or beneficiary) and valid grounds such as undue influence, lack of capacity, fraud, or improper execution. Will contests must generally be filed within 120 days of the will being admitted to probate. Trust contests typically must be filed within 120 days of receiving notice of the trust.

Question 3

What are a trustee's fiduciary duties in California?

Accepted Answer

Under California Probate Code, a trustee has fiduciary duties including the duty of loyalty, the duty to provide accountings, the duty to keep beneficiaries informed, the duty to administer the trust impartially, and the duty to avoid self-dealing. Beneficiaries have the right to compel an accounting and can petition the court to remove a trustee who breaches these duties.

Question 4

What is an Initial Case Assessment (ICA) for inheritance disputes?

Accepted Answer

An Initial Case Assessment (ICA) is a flat-fee, in-depth legal analysis offered by Corcoran Smith Law that evaluates your inheritance dispute before you commit to full litigation. The ICA provides a clear understanding of your legal rights, the strength of your claims, available options, and a recommended strategy.

Question 5

How much does an inheritance dispute attorney cost in California?

Accepted Answer

The cost of an inheritance dispute attorney in California varies depending on the complexity of the case. Corcoran Smith Law offers a structured Initial Case Assessment (ICA) at a predictable flat fee, giving you a clear legal strategy before committing to the costs of full litigation. Contact us at (415) 275-1492 for a free consultation.

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