Disputes Involving Spousal Property Inheritance in Los Angeles

As counsel to spouses who are inheriting property in Los Angeles, we handle inheritance cases by assigning an experienced and dedicated attorney to investigate and manage the spousal property disputes.   Advancing your case in probate involves knowing the application of each procedure, such as a spousal property petition to each individual asset of the deceased.

Emotions run high during the dispute period.  Keeping calm is difficult for spouses and children of the first marriage.  The success of the case is dependent on your ability to manage the emotions during these most difficult moments.  In particularly stressful situations, the value of your inheritance attorney in Los Angeles depends on his or her level of experience.   When deciding on who to hire to represent your inherited property interest, our lawyers counsel you regarding not only the law in Los Angeles inheritance matters, but in management of the emotional parts of your case.

How do emotions play into the effective division of inherited assets?  In most cases, it is pure and simple.  The person who is best able to diffuse the stress involved in inheritance wars wins.  Winning an estate battle is often about who is better able to withstand the emotional and financial stress of the trial.   Depositions are difficult parts of the attorneys’ preparation for the trial of trust and estate cases.   Preparation for depositions is not only interesting, but allows the parties to recognize the challenges in the trust case.

List of things to check when litigating spousal rights in wills and trusts:

  1. Did the will or trust confirm the spouse’s interest in community property.
  2. What was a community property asset?
  3. Was any debt on a separate property paid by the community assets?
  4. Did the spouse change the beneficiary of a community asset without the permission of the other spouse?

Each surviving spouse wants to know that her financial security is not going to change, when his/her spouse dies.   If proper estate planning was not done during the life of the spouse, a spousal property petition can be a good tool to transfer community assets left in the decedent’s name alone.  This can include real property as well as bank and financial accounts of the deceased spouse which the surviving wife or husband wants to inherit.  Not being on title itself is stressful.   Our job as your inheritance lawyers in Los Angeles is to get the title of the asset transferred to the surviving spouse with minimum involvement of the court.   A spousal property petition moves the asset to the surviving spouse’s name without a full probate.

There are times when challenges to title pre-date the date of death or come within the context of challenges to conservatorships.   We can help you determine the best timing to address title challenges and issues.

Attorney Mina Sirkin has counseled thousands of wives and husbands who are seeking to transfer their deceased spouse’s assets to their name without probate, by use of a spousal property petition.   Ask us for a free consultation regarding a spousal property petition by calling 818.340.4479 in Los Angeles.