Mortensen Law Office located in Newhall California will help you settle through court petition, negotiation, mediation or, as a last resort, probate or trust, lawsuit or litigation.

A variety of conflicts such as litigation or lawsuits can arise concerning the interpretation and execution of probate or estate documents, particularly when these documents were not properly drafted and executed. Litigation or a lawsuit A lawsuit is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a plaintiffs rights, award damages to plaintiff, or impose a temporary or permanent injunction to prevent an act or compel an act.

Beneficiaries sometimes believe that the decedent’s representative, during probate or trust, is not acting in their best interest, has been tardy in performing fiduciary duties or has made unauthorized distributions. In some cases beneficiaries challenge the estate planning document itself, suggesting that the decedent was under undue influence or incapacitated when executing it, that the signature may be forged or that the decedent was unaware of what he or she was signing.

In challenges of this sort, our primary goal is to maximize the benefit from the estate or probate to the beneficiaries. To that end, we reserve costly litigation (lawsuits) as a last resort and attempt to resolve any conflicts between fiduciaries and beneficiaries through settlement, negotiation or mediation.

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