What to Expect in a California Estate Litigation Case
- Posted on: Jun 2 2025
Estate plans exist to bring finality and order to an individual’s passing, helping the family determine and execute the decedent’s final wishes. However, creating an estate plan does not always preclude litigation. There are many cases in which heirs, beneficiaries, and other parties file lawsuits that involve the estate.
Litigation can affect wills, trusts, and other instruments that are commonly used in one’s estate plan. Whether you are the defendant in one of these lawsuits or you need to initiate litigation against someone else, having skilled legal representation is indispensable. If you have an estate matter in Santa Barbara or Ventura, CA, turn to the Law Offices of Brian L. Fox, APLC.
Examples of Estate Litigation
Estate disputes often concern instruments (such as a last will and testament) and the conduct of various parties with an interest in the estate. These are a few common examples of such lawsuits in California:
- Will contests: An heir or another interested person may challenge the will on the grounds of fraud, lack of capacity, undue influence, and otherwise.
- Breach of fiduciary duties: Executors for wills and trustees for trusts (among other individuals) are known as fiduciaries, and interested persons may challenge them for failing to conduct themselves as the law requires.
- Guardianship cases: If the parents of a minor child are unable to care for the child and a guardianship proceeding ensues, the litigants may disagree on who should be the guardian.
- Creditor claims: A person’s estate must pay its debts, but disagreements can arise over the validity and amount of a creditor’s claims.
How an Estate Lawsuit Works in Santa Barbara and Ventura, CA
If you have questions or concerns about an estate planning document or someone’s behavior which may impact an estate, or you have been sued, it’s imperative to speak with a lawyer. You can generally expect the matter to proceed as follows:
- Investigation and legal research: Your estate planning attorney will investigate the facts surrounding the allegations and underlying legal issues, and conduct research as to what California estate law has to say about them.
- Filing and service of court pleadings: Regardless of which side you are on – plaintiff (petitioner) or defendant (respondent) – you will need to file and properly serve court papers such as the petition or response which lay out your position and legal arguments in the matter.
- Discovery: Discovery is the process by which parties to an estate lawsuit in Santa Barbara and Ventura, CA request and exchange documents and information relevant to the litigation, and there are several available tools such as interrogatories, requests for documents, and depositions.
- Mediation: The judge may advise the parties to mediate their differences, and a neutral third-party mediator can help them compromise and negotiate in hopes of reaching a settlement that saves everyone time and money.
- Expert witness depositions: Many estate lawsuits involve complex questions of fact, such as whether the decedent had sufficient mental capacity to execute a last will and testament, so the parties will usually depose expert witnesses to prove their arguments.
- Trial preparation and trial: If the parties cannot resolve the lawsuit through mediation or some other out-of-court method, then they must prepare for a trial by gathering and organizing the evidence, conducting additional legal research, refining their allegations and defenses, lining up witnesses, drafting motions and other documents, and more.
What You Can Expect From Our Santa Barbara and Ventura, CA Firm
Estate lawsuits invoke intricate questions of law and fact, and litigants on both sides must also understand rules such as evidence and civil procedure. Having a seasoned attorney advocate for you is important, and our firm helps parties by applying our extensive knowledge of the law. Our attorney is an effective litigator and negotiator who works to seek a reasonable resolution without a trial (if possible) but is not afraid to take the matter to court.
You have legal rights and options, and we’re ready to help you explore them. Call or contact the Law Offices of Brian L. Fox, APLC online today to learn more.
Posted in: Estate Planning
