Top Estate Planning Attorney Robert Brumfield Offers Clarity On What A Probate Litigation Lawyer Does – Bakersfield, CA

Leading estate planning lawyer founder of the Law Offices of Robert H. Brumfield, P.C., in Bakersfield, CA sheds light on the role of a probate litigation lawyer and provides clarity for individuals considering contesting a loved one’s will. For more information please visit https://www.brumfieldlawgroup.com

Bakersfield, CA, California, United States – March 5, 2024 —

California attorney Robert Brumfield today moved to de-mystify what a probate litigation lawyer does, having witnessed first-hand the misinformation circulating that could influence a person’s decision to fight a loved one’s last will and testament.

For more information please visit https://www.brumfieldlawgroup.com

Brumfield, founder of the Law Offices of Robert H. Brumfield, P.C, has spoken at length about the steps a probate litigation attorney can take to help beneficiaries, relatives and trustees.

He explained that when a person dies, their assets are usually distributed to heirs, trustees or beneficiaries as stipulated by a last will and testament. These documents outline the person’s wishes and state to whom their assets should be allocated. This process is called probate and often runs smoothly.

“However, on occasion, a member of the family or a beneficiary may want to contest that process, and these disputes can result in litigation,” he said. The first port of call for someone will be to seek advice from a probate litigation lawyer.

The disputes can range from contesting a will or trust, seeking redress where a property has been wrongly allocated, and concerns over the elements of a will which may have been issued under duress or due to the incapacity of the deceased.

A probate litigation attorney will usually be called upon to contest a will or trust. Brumfield said: “If a person of elderly age has suddenly changed the contents of a will or trust or decided that a person not close to them should be a beneficiary, then the will or trust raises questions.’’

“Equally, beneficiaries may have spotted mistakes or matters that have been omitted. In these cases where questions are being raised, there may well arise a need to contest these issues in court, or at the very least seek guidance.”

A probate litigation attorney will also investigate the accusation that the will or trust was written with undue influence – meaning that a person in a position of power influenced or leveraged an advantage over the deceased.

He added: “A beneficiary may be suspicious that undue influence was applied due to the person’s mental incapacity thereby enabling the estate to be leveraged in someone else’s direction. They have a case to challenge, for example, if their relative suddenly changed a will or trust at the last minute and is contrary to their true wishes.”

He advised that seeking to contest a will’s or trust’s validity purely on the person’s lack of mental capacity was one that needed to be taken carefully, as evidence would be required to demonstrate this was the case.

“A beneficiary or a debtor may also contest because the executor (who administers the will) or the trustee (who administers a trust), is somehow breaching their fiduciary duties. This could be down to them not acting under the will’s or trust’s instructions,” he added.

Brumfield concluded: “The assistance of a probate litigation attorney is invaluable when navigating the court system. They can often assess the strengths and weaknesses of a case and advise potential claimants on the likelihood of any outcome.”

“They will also be the voice of reason and be able to offer a professional view on what can be a very emotionally-charged issue.”

 Source: http://RecommendedExperts.biz

Contact Info:
Name: Robert H Brumfield
Email: Send Email
Organization: Law Offices of Robert H. Brumfield, P.C.
Address: 1810 Westwind Drive, Suite 100, Bakersfield, CA 93301
Phone: 661-464-7770
Website: https://www.brumfieldlawgroup.com

Release ID: 89122268

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