At NCA in San Rafael, our attorneys handle estate and trust disputes for individuals throughout Northern California, as well as for clients from out of state who have family or loved ones here. We also represent seniors who have been the victim of financial elder abuse and fraud.
We recognize that estate and trust disputes are emotional, often pitting members of the same family against each other. Our goal is to move quickly toward a positive outcome that respects the deceased's true wishes. In many cases, we are able to resolve estate and trust disputes through negotiation. We are trial lawyers though, with the skill to go to court and successfully argue in front of a probate judge if that is what it takes to get the desired outcome.
Will Contests And Estate Disputes
Wills are often contested on the grounds that the creator lacked testamentary capacity. In these cases, the creator of the will allegedly did not have the mental capacity to understand what he or she was doing. Will contests may also be made on the basis of undue influence when a loved one or a trusted advisor is alleged to have taken unfair steps to gain advantage in the deceased's will and estate plan. We understand what it takes to win testamentary capacity, undue influence and other kinds of contest claims.
We represent trustees who have been accused of breaches of fiduciary duty and beneficiaries who's rights have been violated. Trustees are given a great deal of responsibility, but they must exercise their duties honestly and with care. Not only are they required to distribute assets according to the terms of the trust, but they must also provide regular accountings to the beneficiaries and fulfill other duties. When trustees are accused of using a trust's assets for their own ends, or of mismanaging a trust's assets, we can defend them. We also represent beneficiaries who believe that their trust is being handled incorrectly by the trustee.
To discuss your case for free with an experienced NCA lawyer, call 415-306-5561 or email.