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Matthew handles an extensive amount of trust and probate litigation in Contra Costa County and is well known to the judge and other counsel. We frequently refer friends, clients and colleagues to the Talbots. I highly recommend them.

Holly T.

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Estate & Probate Litigation

Settling the estate of a person who passes with only a will – or no will at all – can be a lengthy and complicated process in which disputes arise. Probate is the court proceeding that determines the validity or invalidity of a will. Additionally, probate is the process that administers the estate of a decedent, or person who has passed. In the state of California, probate occurs when the decedent leaves behind $150,000 or more in probateable assets. In legal terms, these assets are collectively termed the “estate.”

When Probate Litigation May be Necessary

A Probate litigation lawyer is needed if there is gray area or disagreement about:

the validity of the will
the intent or “true wishes” of the decedent
the interpretation of the language in the will
the rights of beneficiaries to particular assets
the existence of a will
the role of the executor
the executor’s ability to carry out their executor duties
the mental capacity of the decedent

These are only a few examples of why one might need a probate litigation attorney. Talbot Law Group has an experienced team of probate litigators whose first duty is to resolve clients’ concerns in the most efficient, cost effective manner possible. Our goal is to ensure clients fully understand their legal rights and options, and to work hand in hand with them toward reaching the best possible outcome.

Learn more about the probate process in California.

Complex Wills & Probate Litigation

Talbot Law Group specializes in complex and litigated probate matters. Our number one priority when litigating probate matters is resolving the issues as quickly and efficiently as possible. I work with Administrators, beneficiaries, and Executors to ensure that further harm is not done to familial relationships, and assets are preserved for beneficiaries.

Common Reasons Probate Litigation Arises:

One or more persons dispute the validity of the Will
No Will exists
There is evidence of an Oral Contract to Make a Will
A will has been lost
An heir was not notified of the petition for probate
A creditor claim is in dispute
The Estate Administrator/Executor is not fulfilling their fiduciary duties
A prior contract exists that invalidates the will

Unfortunately, there are a host of reasons families and beneficiaries can argue over the distribution of an estate. An experienced probate attorney who frequently handles probate litigation can guide you through the necessary steps to resolve disputes and finalize the estate for distribution.