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Skilled Monterey Attorney Litigates Probate and Will Disputes

Effective dispute resolution in California probate court

As an estate administrator, the Law Offices of William A. Brandwein attempts to settle intestate estates and affect the transfer of the remaining assets to the heirs with minimal loss due to delay. However, the probate process can be complex with disputes arising with creditors and would-be beneficiaries. Likewise, when a decedent has left a will, the court attempts to probate the will as quickly as possible, but evidence may appear that calls the will’s validity into question. When controversies occur regarding the disposition of an estate through probate or estate administration, interested parties should retain an effective trial lawyer with probate court experience. The Law Offices of William A. Brandwein has decades of experience with probate disputes; we capably can defend your rights in these matters.

Defending estate interests while settling with creditors

Before any of the estate’s assents can go to beneficiaries, the administrator must settle the estate’s debt. The administrator must determine if a creditor’s claim is valid and, if not, contest that claim in the probate court. Our firm is uniquely qualified to manage these tasks: estate planning attorney William A. Brandwein is a C.P.A. as well as an accomplished trial lawyer.

Litigating will disputes in California probate court

To deter disappointed heirs from challenging wills frivolously, California law has chosen to recognize no-contest clauses that disinherit or otherwise punish heirs who make unsuccessful attempts. However, California law defines a direct challenge very narrowly, giving heirs a greater opportunity to present a challenge. If you feel the need to contest a will, be sure you have a knowledgeable attorney representing you. The Law Offices of William A. Brandwein represents heirs, who have a legitimate basis to contest a will, including:

  • Fraud — The will has been executed in such a manner that it cheats the testator out of the right to express true intentions.
  • Undue influence — A person with access to the testator (such as a close relative or caretaker) has used that access to sway the testator to execute a will favorable to him at the expense of legitimate heirs.
  • Lack of capacity — The testator was not of sound mind at the time a will was executed or amended.

With more than 40 years of trial experience, our firm capably represents parties to will disputes, whether challenging or defending.

Contact a skilled trial attorney for probate and will challenges in Monterey, California

The Law Offices of William A. Brandwein helps clients challenge and defend wills in probate court and otherwise assert their rights to an inheritance. To schedule an appointment, call our Monterey office at 831-920-4630 or contact us online.

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