Probate Litigation - Probate litigation often results when the validity or terms of a will or trust, are contested by one of the parties. Whether your role is one of contesting the validity of a will or you are an executor of an estate that is being contested, you need an experienced and knowledgeable probate litigation attorney to protect your rights and interests. When the important terms of a will are suspiciously altered, especially within one year of death, a will contest may be initiated by any person who asserts they were financially injured by the change in terms. In order for a will challenge to prevail, the plaintiff must demonstrate that the terms in question, were invalid, were incorporated into the will by coercion or under the mental or physical duress of the testator, or were included without the testator’s understanding. To avoid such a will contest, it is important to have witnesses and work with an estate planning attorney on all changes to a will, especially those made after the testator’s health begins deteriorating. In California, all will contests are litigated in the probate court. If you become involved in a probate litigation matter, you need a California probate litigation lawyer and California estate planning lawyer to advocate for you. Whether you are the plaintiff or defendant in a probate litigation matter, McFarlin & Geurts can provide you with pre-litigation advice and claim evaluation, as well as vigorous representation in probate court or any other type of litigation matter. It is also all too common for probate litigation to involve allegations of misconduct by the executor of an estate. It is important that an executor to an estate have proper counsel and representation as if an executor acts improperly (even without the intent to do so), consequences can include financial penalties and severe treatment by the Probate court.