Irvine, California Attorney, Mark W. Bidwell

Trust litigation

Amendments and unequal distributions of assets to children are the primary causes of litigation in the probate courts for Trusts and Wills. Allegations of undue influence and incapacity are made against the primary care giver who is most often the successor trustee.

Will Contests

Too much time and misappropriation of assets are the primary allegations made against the executor in the administration of Wills. Often the primary asset of the estate is the house of the decedent where the executor now lives. The executor stalls and delays to remain in the house.

Protect Yourself

The problems will not go away. Often, simple steps or procedures can provide the solution. Other times complex and lengthy litigation is needed. Either way action is needed by retaining an attorney.

Undue Influence and Will Contests in Probate Court

California law states the execution or signing of a will, trust or amendment is ineffective to the extent the execution was procured by duress, menace, fraud, or undue influence. In California allegations of undue influence and incapacity are often made against the primary care giver who becomes the successor trustee of the Trust or executor of the Will. Undue influence requires three events at the time of the will or trust execution.

First requirement: the existence of a confidential or fiduciary relationship between the testator and the person alleged to have exerted undue influence.

Second requirement: active participation by such person in preparation or execution of the will or trust.

Third requirement: an undue benefit to such person or another person under the will or trust is obtained.

It is not unusual for a person to want to give more money to the person who provided love and care in the elder years. But the situation immediately completes two of the three prongs of undue influence, that of a confidential relationship and an unequal benefit. As a result litigation turns on the element of active participation. Legal representation is needed to defend against the charge of undue influence or to prove the existence of undue influence.

Courthouses

Orange County Lamoreaux Justice Center

San Bernardino County probate court

Riverside County probate court

San Diego County probate court

Long Beach Southeast Courthouse

Los Angeles Hill Street Courthouse

QUESTIONS? 949-474-0961

Mark W. Bidwell

Probate Attorney, office is in Irvine, California

Cities served

• Anaheim
• Cypress
• Costa Mesa
• Fountain Valley
• Garden Grove
• Huntington Beach
• Irvine
• Lake Forest
• Los Alamitos
• Midway City
• Newport Beach
• Newport Coast
• Orange
• Rossmoor
• Santa Ana
• Seal Beach
• Stanton
• Sunset Beach
• Surfside
• Tustin
• Westminster