Will Contests & Executor Disputes at Stanley Mosk Courthouse
As a Glendale probate litigation attorney with over 25 years of experience, I represent clients in contested probate matters at Stanley Mosk Courthouse and throughout Los Angeles County. If you're facing a will contest, need to remove an executor, or are dealing with disputes over a loved one's estate, our probate litigation lawyer can help protect your rights and inheritance.
Schedule Free Consultation (818) 291-6217Probate litigation refers to legal disputes that arise during the probate process—the court-supervised procedure for administering a deceased person's estate. Unlike routine probate administration where an executor simply gathers assets, pays debts, and distributes inheritances according to a will, probate litigation involves contested matters that require courtroom advocacy and legal strategy.
As your Glendale probate litigation attorney, I handle cases where family members or other interested parties dispute how an estate is being handled. These disputes often arise during emotionally difficult times when families are grieving, and tensions over money and property can fracture relationships.
Common probate litigation situations include:
Estates typically become contested when beneficiaries believe something is wrong—either with the will itself or with how it's being administered. Warning signs include sudden changes to a will shortly before death, an executor who isn't communicating with beneficiaries, assets that seem to be missing, or one family member who had unusual control over the deceased person.
Our Glendale probate litigation lawyer represents both petitioners challenging estate actions and executors defending against unfounded claims:
Challenging the validity of a will based on undue influence, lack of testamentary capacity, fraud, forgery, or improper execution. We investigate the circumstances surrounding the will's creation.
When an executor fails to perform their duties, wastes estate assets, or acts in their own self-interest rather than the beneficiaries', we petition the court for removal and appointment of a successor.
Executors owe beneficiaries duties of loyalty, care, and impartiality. When they breach these duties—through self-dealing, negligence, or favoritism—they can be held personally liable.
Challenging improper or fraudulent claims against the estate, or defending legitimate claims from unfair rejection by the executor.
Resolving conflicts between family members about who is entitled to what, including disputes over specific bequests, family heirlooms, and distribution shares.
Challenging improper or incomplete accountings, investigating missing assets, and ensuring executors properly document all estate transactions.
Clients often ask about the difference between probate litigation and trust litigation. While both involve disputes over a deceased person's estate, they involve different legal documents and procedures:
| Feature | Probate Litigation | Trust Litigation |
|---|---|---|
| Document at Issue | Will | Trust |
| Fiduciary | Executor/Administrator | Trustee |
| Court Involvement | Always supervised by probate court | Court involved only when disputes arise |
| Public Record | Yes - all filings are public | Generally private unless litigation |
| Contest Deadline | 120 days from notice | 120 days from 16061.7 notice |
If the deceased person had both a will and a trust, disputes may involve both probate and trust litigation. Our firm handles both types of cases, often for the same client.
Glendale is part of Los Angeles County, so probate litigation cases are filed at the Stanley Mosk Courthouse (111 N. Hill Street, Los Angeles, CA 90012). Here's what to expect:
We begin by filing the appropriate legal documents with the court—whether a petition to contest a will, remove an executor, or compel an accounting. The opposing party is served and has an opportunity to respond.
Both sides gather evidence through written questions (interrogatories), document requests, and depositions. This is where we uncover the facts—financial records, communications, and witness testimony.
Los Angeles County often requires or strongly encourages mediation before trial. A neutral mediator helps the parties explore settlement. Many probate disputes settle at this stage, saving time and preserving family relationships.
If mediation fails, the case proceeds to trial before a probate judge. We present evidence, examine witnesses, and argue for our client's position. The judge issues a ruling that resolves the dispute.
Probate litigation typically takes 6 months to 2+ years depending on complexity, court schedules, and whether the case settles or goes to trial. Complex cases with multiple issues or appeals can take even longer. Throughout the process, we keep you informed and advocate aggressively for your interests.
California law allows will contests on several grounds:
The person signing the will must understand: (1) what a will is, (2) the nature and extent of their property, (3) who their natural heirs are, and (4) how the will distributes their property. Dementia, Alzheimer's, or other cognitive impairments may mean the person lacked capacity when they signed.
When someone in a position of trust (a caregiver, family member, or advisor) uses that position to override the person's free will and cause them to sign a will that benefits the influencer. Warning signs include isolation from family, sudden changes to estate plans, and a beneficiary who controlled access to the deceased.
The will was procured through lies or deception, or the signature was forged. We work with handwriting experts and investigators when fraud is suspected.
California has specific requirements for valid wills, including proper witnessing. If these formalities weren't followed, the will may be invalid.
A later will, codicil, or the deceased's actions (like destroying the will) may have revoked the will being offered for probate.
You should consult with a Glendale probate litigation lawyer if you notice any of these warning signs:
In California, you generally have only 120 days from receiving notice of probate to file a will contest. Other actions have their own deadlines. Don't wait—contact a probate litigation attorney immediately if you have concerns.
As your probate litigation lawyer, we provide comprehensive representation:
Probate litigation involves legal disputes that arise during the probate process, including will contests, challenges to executor conduct, disputes among heirs and beneficiaries, and claims against the estate. Unlike routine probate administration, probate litigation requires courtroom advocacy to resolve contested matters.
In California, you generally have 120 days from the date you receive notice of the probate proceeding to file a will contest. However, if you didn't receive proper notice, other deadlines may apply. It's critical to consult with a probate litigation attorney immediately if you believe a will is invalid.
California law allows will contests based on: lack of testamentary capacity (the person didn't understand what they were signing), undue influence (someone manipulated the person into signing), fraud or forgery, improper execution (not signed correctly), and revocation (a later will supersedes it).
Probate litigation involves disputes about wills and the court-supervised probate process, while trust litigation involves disputes about trusts (which typically avoid probate). Probate litigation deals with executor misconduct and will contests; trust litigation deals with trustee misconduct and trust contests. Both are handled in the probate court.
Probate litigation attorneys typically charge hourly rates ranging from $350 to $600 per hour, depending on experience and case complexity. Some cases involving recovery of assets may be handled on contingency. During your free consultation, we'll discuss fee arrangements appropriate for your situation.
If you're facing a probate dispute, don't wait. Strict deadlines apply and evidence can disappear. Schedule a free consultation to discuss your case.
(818) 291-6217 Schedule Free Consultation450 N Brand Blvd, Suite 600, Glendale, CA 91203