California Lawyer for Estate Beneficiary Representation

Attorney for Probate and Trust Administration Disputes

The death of a loved one is an undeniably difficult emotional experience, as you cope with your grief and the fact that you will no longer be able to spend time with them. Unfortunately, the estate administration process can sometimes present further difficulties for surviving family members and other beneficiaries. If you have reason to believe that your loved one's wishes are not being honored, or that you are being denied assets that you should be entitled to, you need an attorney who can help you protect your interests.

At the Law Office of David Schechet, our principal attorney graduated with highest honors from UCLA School of Law, and he has 35 years of experience practicing estate and probate law in California. We can help you understand your rights as the beneficiary of an estate or trust, as well as represent you in disputes with an executor or administrator, a trustee, or another beneficiary. We understand the stress and pain you may be going through, and we are committed to handling your case with compassion.

Understanding the Rights of Beneficiaries in California

If you have been named as a beneficiary in a will or trust created by someone who is recently deceased, or if you are entitled to inherit from an estate based on California's intestate succession laws, the estate representative or trustee must make an effort to notify you in a timely manner. You also have the right to review the will or to request information about the trust for the purposes of understanding the assets to which you are entitled.

Keep in mind that the process of administering an estate or trust can take quite some time, so you may need to be patient regarding the distribution of assets. You should also understand that the wishes of the decedent, as expressed in his or her will or trust instrument, take precedent, regardless of whether you believe they are fair to you. However, there are situations in which you do have the ability to take legal action as a beneficiary.

When Do Heirs and Beneficiaries Need Legal Representation?

We represent beneficiaries in cases in which there may be something untoward or incorrect about the creation or administration of a will or trust, as well as in disputes with other parties who have an interest in the estate or trust. Some situations we can help with include:

• Contested documents - If you have reason to believe that the decedent's will or trust was created under questionable circumstances, you have the right to contest it in court. We can help you gather and present evidence that the document was created under fraud, duress, or undue influence; that the decedent lacked testamentary capacity when creating it; that there was a mistake in its execution; or that the decedent revoked the document before their death.
• Intestate succession claims - When a person dies without a will, or does not address all of their assets in their will, the distribution of their assets is governed by California's intestate succession laws. Depending on who survives the deceased, various relatives may be entitled to a portion of the estate. We can help you ensure that your claim is not overlooked.
• Actions against estate executors, administrators, or trustees - Estate representatives and trustees are bound to act according to the wishes of the decedent, distribute assets to beneficiaries accordingly, and manage the assets of the estate or trust with reasonable care. If you believe that the representative or trustee has failed to uphold their duties or is incapable of fulfilling their role, we can help you petition for their removal or hold them accountable for your losses.
• Disputes between beneficiaries - If there is confusion or uncertainty regarding the allocation of assets among beneficiaries, or if someone attempts to claim property that you are entitled to according to the will or trust, we can represent you in disputes with these other parties to help you reach an appropriate resolution.

Contact a California Beneficiary Rights Attorney

For answers to questions about your rights and entitlements as a beneficiary, or for representation in your dispute, contact us today at 800-282-4731 and request a free initial consultation. We serve heirs and beneficiaries in the comfort of their own homes throughout all of California.