Cost Effective and Experienced
Losing a loved one is never easy. In addition to the hurt and grief that comes with death, disputes over a will or trust can bring added stress and conflict. I have over fifteen years of working with clients to resolve a broad range of probate and trust disputes. I bring a valued centered approach to conflicts that places the value of family relationships over that of tangible property and assets. When at all possible, I always strive to resolve things quickly and amicably. This approach helps minimize costs and the prospect of an unpleasant and emotional battle with family members and friends.
When the other side is not willing to be reasonable, I have the knowledge and experience to provide strong, effective representation to defend or represent your interests. I have represented clients in numerous trials, mediations and other evidentiary hearings. I am able to use this background to quickly evaluate your cases' strengths or weaknesses so that every effort can be made to resolve your matter fairly and efficiently.
Probate Litigation
Probate litigation can involve a variety of disputes. A will may be challenged on the grounds that the person executing the will lacked capacity, was being subjected to undue influence or duress, or that the will is the product of a forgery. More than one person may have competing claims to estate assets. An estate representative may need to file an action to reclaim property wrongfully taken from a deceased person's estate. A common example of such an action is to reclaim real or personal property improperly gifted by an elder person to a single family member or care giver immediately prior to his or her death. Alternatively, a person may have a claim against a deceased person's estate for property rightfully owed to them.
Areas of dispute in probate and estate litigation can include the following:
- Will contests
- Actions to reclaim property wrongfully taken by another (850 petitions)
- Claims of beneficiaries
- Actions against estate representatives
- Creditor's claims
Over the years, I've personally handled and resolved many claims such as these. As a result, I have the experience to know what tools and procedures to use to best protect your interests in a probate or estate proceeding.
Trust Litigation
While trusts are often established to avoid probate court, the lack of court supervision can lead to a variety of problems. A trustee, for a variety of reasons such as inexperience or malfeasance, may fail to administer a trust properly. This mismanagement may consist of inaction by a trustee, failure to properly account for trust assets, failure to distribute assets according to the terms of the trust, failure to make trust assets productive or outright theft of trust assets. In addition, like a will, a trust's validity can also be challenged based upon lack of capacity, fraud or undue influence on the person creating the trust.
Areas of dispute in trust litigation can include the following:
- Claims against trustees for breach of trust
- Trust contests
- Accountings
- Actions to reclaim property wrongfully taken by another (850 petitions)
- Claims of beneficiaries
- Defending a trustee's administration
I have over fifteen years of experience representing fiduciaries in the proper administration of a trust as well as successfully representing beneficiaries to bring claims against unethical or unresponsive trustees.
Community Property Claims
Oftentimes a spouse may draft a will or trust without understanding or acknowledging the community property contributions of their spouse. When this happens, that will or trust may gift property or an interest in property to others that their spouse rightfully owns. I have successfully represented spouses in recovering their community property interests when their deceased spouse's will or trust gifted their property to someone else.
To schedule your free initial consultation, contact the Law Office of Steven C. Sosa online or call 310-458-7236. My office is open Monday through Friday from 9 a.m. to 5 p.m., with evening appointments available.
Law Office of Steven C. Sosa
1348 10th St.
Santa Monica, CA 90401-1903
Telephone: 310-458-7236 | Fax: 310-458-6529
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