Roseville Probate Litigation Lawyer

When a loved one passes away, you expect their final wishes to be honored and their estate to be handled with care. But sometimes, the probate process doesn’t go smoothly. Maybe a family member is cut out of a will unexpectedly. Maybe an executor isn’t communicating or you suspect they’re mishandling money. Maybe you believe someone pressured your loved one into changing their will.

That’s where a Roseville probate litigation lawyer at Patton Law Group can help. As a local firm focused on estate planning and probate in Roseville and the surrounding communities, we guide families through difficult disputes with clarity, compassion, and practical legal strategies.

Understanding Probate Litigation in Roseville

Probate litigation happens when there is a legal dispute during the probate process. Instead of simply validating a will and transferring assets, the court may need to step in to resolve disagreements about:

The validity of a will or trust
How an executor or personal representative is managing the estate
Who should inherit certain assets
Creditor claims and unpaid debts

The probate court in California has the power to interpret estate documents, remove or replace fiduciaries, order accountings, and decide who is legally entitled to estate property. A probate lawyer helps you navigate this process, prepares and files the necessary paperwork, presents evidence to the court, and fights for your rights when legal action becomes necessary.

Key Parties in a Probate Dispute

Probate disputes often involve a mix of family members and fiduciaries, each with different rights and responsibilities. Common parties include:

Executor or Personal Representative: The person appointed to manage the estate, pay debts, and distribute property.
Beneficiaries and heirs:vSiblings, children, surviving spouses, and other family members who are named in the will or who may inherit under California law if there is no will.
Petitioners: Anyone who brings a matter before the probate court, such as challenging a will, asking for an accounting, or seeking to remove an executor.

Being a family member does not automatically guarantee you will inherit, but it can give you legal standing to bring certain claims, especially if you were named in a prior will or would inherit if the current will is found invalid.

Patton Law Group helps you understand where you stand legally and what options you have if you believe something has gone wrong.

Fiduciary Duties & Breach of Fiduciary Duty

Executors, trustees, and other fiduciaries have a fiduciary duty to act in the best interests of the estate and its beneficiaries.

That means they must:

Follow the terms of the will or trust
Keep accurate records and provide accountings when required
Treat beneficiaries fairly
Avoid self-dealing or using estate assets for personal benefit

When a fiduciary fails in these responsibilities, it may be a breach of fiduciary duty. This can lead to personal liability, removal from their role, or court orders requiring them to repay improperly used funds.

If you suspect an executor or trustee is not being a responsible fiduciary, our probate litigation attorney can help you investigate, demand an accounting, and bring the appropriate claims in court.

Common Causes of Probate Litigation

Every family is unique, but certain issues come up again and again in probate disputes:

Undue Influence: Someone may have exerted undue influence over the decedent, persuading or pressuring them to change their will or trust in a way that doesn’t reflect their true wishes.
Testamentary Capacity and Mental Incapacity: Questions about whether your loved one had the mental capacity to understand what they were signing when the will or trust was executed.
Tortious Interference: When a person wrongfully interferes with an expected inheritance by manipulating, deceiving, or isolating the decedent.
Confusing or Conflicting Documents: Multiple wills or amendments that don’t line up, or unclear provisions that need court interpretation.

Our firm evaluates the facts, gathers medical and financial records when appropriate, interviews witnesses, and builds a clear picture for the court of what really happened.

Disputes Over Estate Assets & Property

Disagreements over estate assets are one of the most common triggers for probate litigation. Issues can arise over:

Real Property: The family home, rental properties, vacation homes, or land.
Financial Accounts: Bank accounts, investment accounts, retirement funds, and life insurance policies.
Business Interests: Ownership in a closely held business or family company.
Personal Property: Jewelry, vehicles, collectibles, and sentimental items.

When beneficiaries can’t agree on how to divide estate property, or when someone believes assets are missing, undervalued, or being diverted, the dispute can escalate into a formal contest or petition in probate court.

Patton Law Group works to identify and marshal estate assets, trace property, and present solid evidence to support your position.

Claims Involving Creditors & Taxes

Probate is not only about distributing assets, it’s also about dealing with creditor claims and taxes owed. Credit cards, medical bills, mortgages, and other liabilities can significantly affect what’s left for heirs and beneficiaries.

Disputes may arise over:

Whether a creditor claim is valid or timely
How debts should be prioritized and paid
Whether the executor handled tax filings properly

We help ensure that valid claims are handled correctly, invalid or inflated claims are challenged, and the estate complies with tax requirements so you can move forward with confidence.

Avoiding Probate Litigation When Possible

Not every dispute needs to end in a courtroom battle. In many cases, it’s possible to avoid probate litigation altogether or resolve conflict early through:

Clear estate planning
Transparent communication among family members
Early mediation or settlement discussions
Practical compromises on how to divide assets

When litigation is already underway, a settlement may still be the best solution. Settling can save time, reduce legal costs, and preserve relationships while still protecting your legal rights.

Patton Law Group will walk you through your options and help you decide when it makes sense to negotiate and when it’s necessary to press forward in court.

How Our Roseville Probate Litigation Lawyer Can Help

At Patton Law Group, probate and estate matters are at the core of what we do. We’re a local Roseville firm that focuses on estate planning, probate, and trust administration, serving families throughout Placer County, Sacramento County, El Dorado County, and nearby communities.

When you hire us for a probate dispute, we can:

Review wills, trusts, and prior estate planning documents
Explain your rights and obligations as an executor, beneficiary, or heir
Investigate potential undue influence, lack of capacity, or breach of fiduciary duty
File or defend will contests and other probate petitions
Represent you in hearings, mediations, and trial if necessary
Seek accountings, removal of fiduciaries, or other court remedies

Our goal is to protect your loved one’s legacy while giving you practical, honest guidance at every step.

Frequently Asked Questions

What is the role of a probate litigation lawyer?

A probate litigation lawyer handles disputes that arise during the probate process. That includes challenging or defending the validity of a will, addressing disputes over asset distribution, pursuing claims for breach of fiduciary duty, and resolving conflicts among beneficiaries or family members.

Can you avoid probate litigation altogether?

Sometimes, yes. Thoughtful estate planning, clear communication with family, and early mediation can prevent many disputes before they start. Even after a conflict surfaces, an experienced attorney can often guide the parties toward a negotiated resolution instead of a full trial. While not every case can avoid litigation, legal foresight significantly reduces the risk.

How do I know if undue influence occurred?

Signs of undue influence can include sudden or drastic changes to a will, isolation of the decedent from family, a new “friend” or caregiver who takes control of finances, or a will that heavily favors one person who was in a position of power over the decedent.

Courts look at the decedent’s health, vulnerability, dependence, and the nature of the relationship with the person who benefited from the changes. A probate litigation attorney can review the facts and help you decide if a legal challenge is appropriate.

What happens if an executor breaches their fiduciary duty?

If an executor or personal representative breaches their fiduciary duty, the court can:

Order a full accounting
Surcharge them (require repayment of losses they caused)
Remove and replace them with a new fiduciary
In serious cases, refer the matter for further legal consequences

Proving a breach requires evidence, such as missing funds, improper transfers, or failure to follow the will’s terms. Our firm can help you gather that evidence and present a clear case to the court.

Speak With a Roseville Probate Litigation Lawyer Today

If you’re facing a probate dispute in Roseville or the surrounding area, you don’t have to navigate it alone. The sooner you speak with a knowledgeable attorney, the more options you may have to protect your rights and your loved one’s legacy.

Patton Law Group is here to help you understand your situation, explore your options, and take the right next step.

Call (916) 626-2932 to schedule a free consultation
Or use the “Schedule A Time To Talk” button on our website to choose a time that works for you.

Speak with a Roseville probate litigation lawyer today and get the guidance you need to move forward with confidence.