Following the death of a loved one, relatives often disagree over how the estate should be divided. In fact, it is not unusual for multiple family members to have differing views of what a decedent intended with a will or trust. If you are dealing with a probate or trust administration dispute, Miller, Morton, Caillat & Nevis’ experienced attorneys can help protect your interests and see out your loved one's final wishes.

Probate Litigation Probate is the judicial process by which a decedent's assets (other than assets held in trust, retirement accounts, and certain other property) are distributed to his or her heirs and devisees. If there is no will, the estate will be administered and the assets distributed in accordance with the California Probate Code. If there is a will, the estate will generally be administered in accordance with the decedent's intent.

However, when potential heirs and devisees disagree over the distribution of assets, their differences will likely need to be resolved through probate litigation. Our litigators are experienced in representing parties to disputes involving:

• • Lack of capacity or undue influence at the time of execution of a will
  • Improper or ineffective will amendments
  • Competing wills
  • Claims against executors for breach of duty or malfeasance
  • Other disputes arising in connection with the probate administration process

Trust Litigation Miller Morton’s probate attorneys also have significant experience in trust litigation throughout California. We represent beneficiaries, trustees and other interested individuals with respect to allegations of:

• • Invalid or ineffective trust documents
  • Mismanagement of trust assets
  • Failure or refusal to disclose financial information or investment actions
  • Errors or improprieties in disbursement of trust funds
  • Tax-related issues

Trusts and estates litigation frequently involves hotly contested disputes between family members – the vast majority of whom ultimately want to respect their loved one's final wishes. Our attorneys strive to keep this fact in perspective for all parties involved, minimizing the financial and emotional burdens to the extent possible in order to allow the parties to move forward once their differences are resolved.