Providing Skilled Representation In Trust And Probate Litigation
When disputes over the validity of a trust or will arise, or a trustee breaches fiduciary duty, it is important that interested parties have sound legal representation from a dependable attorney. Long Beach attorney Henry B. LaTorraca utilizes his exceptional trial lawyer experience and negotiation skills to obtain favorable results for clients in Los Angeles and Orange counties.
Whether you are the party who has concerns over the validity of the will or the one who needs to prove its authenticity, you can rely on Mr. LaTorraca to provide the sound legal representation necessary to obtain a favorable outcome in the matter. His experience representing individuals with varying interests in these matters allows him to provide much more effective service to each client.
A Strong Advocate In Actions Involving Trusts And Wills In Los Angeles And Orange Counties
No matter which side of the dispute you may be on, attorney LaTorraca will present the most compelling argument in support of your position. He offers multiple approaches to resolving will contest disputes, including mediation, arbitration, trust and probate litigation and trial.
In his almost 50 years of legal experience, attorney LaTorraca has handled disputes involving the following issues:
- Undue influence
- Lack of capacity
- Fraud
When Can You Challenge A Will In California?
California law allows an interested person to challenge a will when facts raise a valid concern about whether the document should control the estate. A contest may involve undue influence, lack of mental capacity, fraud, duress or problems with how the person signed the will. A family disagreement by itself does not create a legal basis for a challenge.
The available evidence can help determine whether the facts support a contest. Medical records may show the person’s mental condition when the will was signed. Emails, letters and witness accounts may also reveal who took part in preparing or signing the document. If someone challenges a will that benefits you, that same evidence may also help you defend the document and protect your interests.
Who May Have The Right To Contest A Will?
Your right to contest a will depends on your connection to the estate and whether the outcome could affect what you may receive. California probate law generally focuses on people who have a financial or legal interest in the estate.
Depending on the circumstances, interested persons may include:
- An heir who could inherit if no valid will controls the estate
- A beneficiary named in an earlier will
- A beneficiary whose rights under the disputed will could change because of the contest
These categories do not mean that every heir or beneficiary automatically has grounds to challenge a will. Your position depends on the facts, the documents involved and the reason for the dispute. Looking at those factors together can help clarify whether you have a basis to move forward.
What Happens During A California Will Contest?
A will contest usually begins with a careful review of the will, the probate file and the circumstances surrounding the document’s creation and signing. That review helps identify the legal issue and the evidence that may support your position. Depending on where the probate matter stands, you may need to file an objection or petition with the court.
As the dispute develops, both sides may gather records and testimony through discovery. This process can include document requests and depositions. Medical records may matter when the dispute involves mental capacity, while handwriting evidence may become relevant when the parties question the authenticity of a signature or document.
The evidence may also shape whether the parties pursue negotiation or mediation before trial. These methods can give both sides an opportunity to resolve the dispute without asking the court to decide every issue.
When settlement does not resolve the matter, the dispute may proceed to trial. Attorney LaTorraca can develop the evidence, present your position and represent your interests throughout the litigation process.
Contact The Law Office of Henry B. LaTorraca
Prospective clients are invited to contact attorney LaTorraca’s Long Beach, California, office at 562-620-2412 for a confidential lawyer consultation to discuss potential litigation of disputes arising out of trusts or wills, or the defense of such litigation.