Wills & Trusts

Wills & Trusts

Will Contests

Even though an individual prepares an appropriate will, upon his or her death there may be disputes concerning those documents by surviving family members and beneficiaries.

In the case where a will supersedes or amends a prior document, contests may arise as to whether the individual properly understood what he or she was doing at the time they prepared the subsequent document – in other words, was the will created by someone who was “of sound mind” at the time they created their will? Similarly, a contest may involve whether the document was properly witnessed or signed, or even what certain language in the document actually means. Ultimately, “a will is a ticket to probate,” and it is always best to walk into probate court with a lawyer from the Skapik Law Group by your side to make certain the government doesn’t get more than its fair share of the deceased’s estate.

Trust Litigation

The establishment and administration of trusts is subject to strict guidelines under California law. One of the most frequent causes of estate litigation is the failure or alleged failure of the trust administrator (known as the trustee) to make timely or adequate distribution of trust proceeds to trust beneficiaries and/or to provide timely and systematic reports to all interested parties during the life of the trust.  Things can get especially sticky when the trustee is a family member and other family members suspect wrongdoing or self-dealing. Whatever the case may be, it is always best to proceed into trust litigation with a lawyer from the Skapik Law Group by your side.

Will and Trust Creation

Ultimately, a will is an inferior legal instrument when compared to a trust, as a will, stated above, “is a ticket to probate.” A trust, on the other hand, avoids probate and many other tax consequences altogether. Whether you need a will or a trust is a question of fact to be determined by an experienced lawyer. Whatever your need, the Skapik Law Group can help you.

The time to act is now. Your legal rights could be adversely affected if you wait. Call the Skapik Law Group today.