The attorneys at The Law Office of David A. Esquibias provide clients with expert service in trust and estate litigation; wills, trust and estate planning; will contests; probate, guardianship and conservatorships; pre-nuptial and cohabitation agreements; family business transactions; high-net worth divorce representation; alimony; child support, child custody and property division disputes.
The attorneys at The Law Office of David A. Esquibias are well known in Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura Counties as a highly successful group of lawyers with reputations for competent, skilled and aggressive representation.
The attorneys at The Law Office of David A. Esquibias are well known in Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura Counties as a highly successful group of lawyers with reputations for competent, skilled and aggressive representation.
Services
On occasion, a will or trust will contain ambiguities regarding the distribution and division of assets, the identity and nature of beneficiaries and tax issues.
If the interested parties do not contest the document outright, a construction proceeding may take place.
In this instance, interested parties may ask the court for its interpretation and mediation of the ambiguous language.
The Law Office of David A. Esquibias can assess the trust document or the will and determine whether the ambiguities can favor the client's interests.
If the interested parties do not contest the document outright, a construction proceeding may take place.
In this instance, interested parties may ask the court for its interpretation and mediation of the ambiguous language.
The Law Office of David A. Esquibias can assess the trust document or the will and determine whether the ambiguities can favor the client's interests.
There are a number of ways that a will or trust can be contested.
Please see the list below for details, and contact us if you have any immediate questions or concerns.
The will or trust was not properly executed - Proper execution of a will or trust requires that the will or trust be signed by the testator (the person making out the will or trust) and witnessed by at least two people, who also sign the will or trust at the end.
A will or trust can be contested on the grounds that it was not properly drafted, signed, or witnessed in accordance with statutory legal requirements.
Please see the list below for details, and contact us if you have any immediate questions or concerns.
The will or trust was not properly executed - Proper execution of a will or trust requires that the will or trust be signed by the testator (the person making out the will or trust) and witnessed by at least two people, who also sign the will or trust at the end.
A will or trust can be contested on the grounds that it was not properly drafted, signed, or witnessed in accordance with statutory legal requirements.
A fiduciary is a person that assumes a special relationship of trust, confidence and responsibility for obligations to others.
Executors, administrators and trustees are examples of those who have a fiduciary responsibility to beneficiaries.
Fiduciaries are charged with carrying out the asset distribution set forth in a will or trust.
They are not allowed to benefit from the estate/trust's assets to the detriment of the beneficiaries they are entrusted to protect.
Fiduciaries should also be knowledgeable about and capable of whatever financial transactions are necessary to carry out the proper allocation of assets (in the case of trustees, they should also have the financial ability to reimburse the Trust in the event that they make serious financial mistakes).
Executors, administrators and trustees are examples of those who have a fiduciary responsibility to beneficiaries.
Fiduciaries are charged with carrying out the asset distribution set forth in a will or trust.
They are not allowed to benefit from the estate/trust's assets to the detriment of the beneficiaries they are entrusted to protect.
Fiduciaries should also be knowledgeable about and capable of whatever financial transactions are necessary to carry out the proper allocation of assets (in the case of trustees, they should also have the financial ability to reimburse the Trust in the event that they make serious financial mistakes).
The Law Office of David A. Esquibias is a firm that understands the pain and frustration of being denied the inheritance you rightfully deserve.
It is important to remember that beneficiaries do have legal rights and protections.
Our highly experienced legal team can help ensure that your rights are not violated during the estate administration process.
We can provide legal advice and assistance with any estate litigation scenario from relatively common situations like fiduciary negligence or a will or trust contest to more complicated circumstances like a loved one dying without a will or trust.
It is important to remember that beneficiaries do have legal rights and protections.
Our highly experienced legal team can help ensure that your rights are not violated during the estate administration process.
We can provide legal advice and assistance with any estate litigation scenario from relatively common situations like fiduciary negligence or a will or trust contest to more complicated circumstances like a loved one dying without a will or trust.
Estate or Probate Administration may be needed to implement the estate plan you have created, or as a result of your failure to create an estate plan.
If you have signed a will or trust, it will be filed with the Superior Court upon your death and probated.
If you have not completed an estate plan, your property will go into probate and pass to your heirs in accordance with California intestate succession law.
In either case, we can assist your personal representative in the probate court procedure and in the administration of your assets.
If you have signed a will or trust, it will be filed with the Superior Court upon your death and probated.
If you have not completed an estate plan, your property will go into probate and pass to your heirs in accordance with California intestate succession law.
In either case, we can assist your personal representative in the probate court procedure and in the administration of your assets.
Reviews
Be the first to review Esquibias David A.
Write a Review
