Morris Law Firm, APC, has extensive experience providing exceptional legal representation to clients involved in trust, estate, and probate disputes. Disputes arising from trust, estate, and probate issues are complex and fraught with traps that should only be handled by experienced attorneys. Our attorneys represent the interests of beneficiaries, executors, trustees, and conservators, including cases where the fiduciary is accused of breach of fiduciary duty.

Of counsel, Byron K. Husted, has extensive experience in this area, including representation involving complex estate planning documents such as family limited partnerships, family corporations, and estate plans involving multiple trusts.  For clients seeking to avoid litigation, Mr. Husted also has extensive experience in trust and estate mediation, and successfully settled litigation of multimillion dollar disputes involving both estate and trust issues.  When mediation is not possible, our firm has highly skilled trial attorneys ready to advocate for your rights before a judge and jury.

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PROBATE AND ESTATE DISPUTES

Once a will has been admitted to probate, several types of disputes may arise.  Often, estate and probate, or "inheritance disputes," involve a will contest or challenge.  Questions may arise about the validity of the will or whether a relative who was left out of the will is entitled to any of the deceased person's estate.  We have significant experience handling a wide variety of probate and estate disputes, including:

  •  Undue Influence and Duress
  •  Financial Elder Abuse
  •  Incapacity
  •  Will Interpretation
  •  Exploitation
  •  Distribution of Assets
  •  Improper Execution or Revocation of a Will or Other Estate Planning Document
  •  Fraud
  •  Improper administration of the Estate
  •  Removal of the Personal Representative of the Estate

TRUST DISPUTES

As the use of family trusts for estate planning purposes has increased, so has the number of disputes arising out of these trusts.  Trustees have a fiduciary duty to act in the best interest of the beneficiaries named in the trust. Our firm has experience handling a wide variety of related disputes, including:

  •  Trust Validity Issues
  •  Trust Interpretation
  •  Breach of Trustee's Fiduciary Duty
  •  Disputes between Trustees and Beneficiaries
  •  Protecting Beneficiary rights
  •  Protecting Trustee’s from abuse from Beneficiaries

DISPUTES INVOLVING NO CONTEST CLAUSES

Effective January 1, 2010, a new law takes effect in California concerning the enforceability of no contest clauses in wills, trusts and other estate planning documents. No contest clauses are frequently used in estate planning documents to discourage disgruntled beneficiaries from challenging the validity or the dispositive provisions of a will or trust.  This new law significantly changes the procedure for challenges to documents containing no contest clauses, and also defines the situations under which no contest clauses will be deemed enforceable.

SEEK EXPERIENCED LEGAL REPRESENTATION

If you are involved in a probate, estate, or trust dispute, it is important to seek representation from an attorney experienced in these complex matters and familiar with the most recent developments in this dynamic and continually evolving area of law.  Contact our office to schedule a free consultation to discuss your case.

Morris Law Firm, APC

401 West A Street, Suite 1820

San Diego, California 92101

Phone 619-826-8060

Fax 619-826-8065

ckachi@morrislawfirmapc.com

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