Turn To A Trustworthy Trust And Estate Litigation Firm
Are you facing an estate or probate-related dispute? Are you looking for representation you can trust to effectively guide you through this difficult process? The Gostanian Law Group will give your case and your position in the case the careful attention they deserve.
We have earned a reputation as a knowledgeable estate planning, estate administration and estate litigation firm. Our depth of experience sets us apart from estate planning firms that do not accept litigation cases. We understand how the estate instruments are drafted, points that may become problematic during administration and issues that arise in litigation.
Probate Litigation — Trust Litigation
At the Gostanian Law Group, we advise trustees, executors and beneficiaries with probate litigation issues such as:
- Spousal property petitions: A spousal property petition can be filed in order to transfer assets from a deceased spouse to surviving spouse in a simplified form of probate covered by this petition.
- Heggstad petitions or 850 petitions: This is a simplified proceeding that allows one to avoid probate for property that is left out of a trust, but was intended to be part of the trust. In such cases, you may be able to get it back and avoid probate by filing an 850 petition. This will move assets that were specifically identified in writing (on a trust schedule, for instance) but had not have been formally added to a trust that the deceased individual had previously created.
- 17200 petitions: These can be brought for most issues related to a trust: accounting, surcharge, breach of fiduciary duty, petition for instruction and a petition to compel distribution.
- Petitions for Instruction: When an estate document has more than one interpretation or the trustee wants the protection of a court order, a petition for instruction may be available giving finality on ambiguities that can arise in a trust and limiting liability against the trustee.
- Removal and potential surcharge petitioner: If a fiduciary is failing to perform their duties, whether they are self-dealing or using monies for an improper purpose, a petition may be needed suspending and ultimately removing a trustee, executor, power of attorney or conservator.
- Community Property Claims Disputing pay on death designations: When one spouse gives away community assets without the other spouse’s interest in those community assets.
- Contests: If you believe a loved one did not have capacity to execute their estate documents or that someone influenced them to make changes, a contest may need to be brought setting aside those document(s) and ensuring that the decedent’s wishes are carried out.
For a free, 30-minute initial consultation regarding estate and trust litigation representation, contact our law offices by email or by calling us at 866-330-0578 in Newport Beach. Learn about our readiness to provide experienced representation in trust and estate litigation.
Contingency fee arrangements may be available depending upon the facts of your case.
Such determination can only be made after an initial consultation.