Probate Litigation

Probate Litigation Attorneys

The Probate Litigation Attorneys at Ainer & Fraker, LLP represent both Plaintiffs and Defendants in a wide variety of Probate Litigation matters.

Will Contests

Our Probate Litigators represent beneficiaries who believe that a Will or Trust should be challenged due to Undue Influence, Lack of Capacity, or on other grounds.

We also successfully defend Trusts and Estates against similar challenges.

Disputes Between Heirs

Disputes between Heirs are increasingly common, especially where a Beneficiary may also be a Trustee, Executor or other Fiduciary.

We vigorously represent beneficiaries where there are allegations of malfeasance, bad faith dealings or breaches of fiduciary duties.

Undue Influence Challenges to a Will or Trust

A Will or Trust may successfully be challenged if it is shown that the Testator or Grantor was under the Undue Influence of a third party according to California law.

Lack of Capacity as Grounds to Challenge a Will or Trust

Likewise, a Will or Trust may successfully be challenged if it is legally demonstrated that the Testator or Grantor lacked the legal capacity required under California law.

Breach of Fiduciary Duties

We represent Beneficiaries who believe that their Trustee has engaged in any number of Breaches of Fiduciary Duties.

We represent Trustees to ensure that they observe all the Fiduciary Duties owed to beneficiaries, thus reducing potential liability exposure.