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Dispute Resolution/Litigation
As a community-based estate and business-planning
firm, we handle dispute resolution, including litigation, in a broad
variety of areas involving trust, trustee and beneficiary disputes,
Will and probate disputes, contested conservatorships, elder care
issues, real property disputes, contracts and other business matters.
Disputes
It is an unfortunate fact in our society that
the combination of elderly parents, their money and sibling mistrust
often result in legal battles among the children. These battles
are for control of the money, control over mom and dads
lifestyle, and parental approval. Sometimes fraud, theft, and undue
influence are present. Often mom and/or dad need some financial
or daily-living assistance, but the disputes often relate to mom
or dads choice of caregiver, what type of assistance is needed,
who is best able to provide that assistance, how to arrange for
that assistance in the least restrictive and intrusive manner possible
while respecting independence and choice, and how to put into place
a procedure to avoid future family conflicts.
Litigation
A typical case begins with a question as to mom
or dads competency to handle financial or personal matters.
It may progress to petition the court for conservatorship or a possible
action to challenge the estate planning documents. These disputes
may be resolved through mediation or may escalate to litigation.
Because each case is different, depending on the specific circumstances,
the most appropriate action is determined.
Disclaimer
We gladly provide the materials on this
web page for informational purposes only. The information provided
is a summary of important California related information, does not
represent a complete discussion of the topics covered, does not
relate to any particular person, entity, situation or occurrence,
and does not constitute the formation of an attorney-client or other
professional relationship.
The information provided does not constitute advertising, a solicitation,
or legal advice. If you need assistance with a legal issue, you
should seek advice from a licensed attorney in your state of jurisdiction.
Kramer Radin, LLP expressly disclaims all liability relating to
actions taken or not taken based on any or all materials on this
web page.
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