Even the best-laid estate plans can potentially spawn disagreements among the beneficiaries and other concerned parties. The skilled San Jose and Danville probate attorneys at Temmerman, Cilley & Kohlmann, LLP have the knowledge of probate law and alternative dispute resolution to resolve such disagreements and the litigation experience to aggressively represent our clients at trial should a resolution prove unattainable.
Typical Probate Litigation Issues in California
Probate litigation may arise for a variety of reasons. During the early stages of the process, interested parties and their San Jose probate law firms have the opportunity to challenge the ability of the executor to represent the estate. Interested individuals may also challenge the validity of the will itself or of individual provisions. An individual may argue that the will was not properly executed, was executed under duress or undue influence, or was subsequently revoked by the signer.
Even if the validity of a will does not face a challenge, questions may arise as to the meaning of certain provisions. Beneficiaries may question the accountings made by the personal representative of the estate. Creditors may make claims against the estate. Third parties may claim the decedent never owned property mentioned in the will.
In the case of any of these or a host of other potential probate disputes, a trial may become necessary. San Jose and Danville probate attorneys may have to appear before the court and offer evidence and witness testimony to establish or refute claims. Such disputes can quickly become expensive and can divert a substantial amount of money from the estate.
Alternatives to Probate Litigation
Because of the expense of probate litigation and the burden it places upon the estate, the San Jose probate and Danville law firm of Temmerman, Cilley & Kohlmann, LLP frequently employs alternative dispute resolution methods to resolve such disputes out of court. In many cases, mediation and arbitration are effective methods of resolving estate disputes in a confidential and flexible manner while minimizing the financial burden on the estate and the emotional burden on the family. Alternative dispute resolution has a high rate of success and can be a great alternative to litigation.
In some cases, however, when alternative dispute resolution is impractical or unreasonable, litigation may be unavoidable. When this occurs, the San Jose and Danville probate lawyers of Temmerman, Cilley & Kohlmann, LLP have the experience to aggressively and efficiently represent the interests of their clients in the courtroom. Our Walnut Creek attorneys know that the most valuable negotiating tool can be the willingness and ability to go to trial if necessary.
Contact probate attorneys in San Jose or Danville with the skill to effectively resolve disputes
The probate attorneys of Temmerman, Cilley & Kohlmann, LLP have the litigation experience to effectively represent clients during will contests and other probate disputes. Our attorneys are available to consult with clients at our San Jose estate planning law firm at 2502 Stevens Creek Boulevard, San Jose, CA 95128, our Danville office at 140 Town and Country Dr., Suite A, Danville, CA 94526, or at any other convenient location. Call our San Jose office at 408-290-7210 or our Danville office at 925-233-4399 or contact Temmerman, Cilley & Kohlmann, LLP online today.