After a person’s death, sometimes there is a dispute as to who is entitled to receive that person’s assets and who has the authority to marshal (or take possession of), manage, and distribute that property whether that person is the trustee of a trust or the personal representative of a decedent’s probate estate.  Further, upon a person’s incapacity, similar disputes can arise related to who has the authority to make decisions on behalf of that incapacitated person and whether a conservatorship is necessary or appropriate.

To learn more about conservatorships, click here > Conservatorships
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Although most disputes are resolved through various informal dispute resolution mechanisms, sometimes compromise and settlement is impossible and trial may be necessary.  Trial, on the other hand, may not be the best option.  Lionheart Legal understands that each matter is unique when it comes to litigation, so each matter requires a personalized, custom approach and a thorough investigation of the facts.  Lionheart Legal further focuses on providing recommendations based on an exceptional understanding of both the California Probate Code in addition to the legal rules of procedure and evidence most probate lawyers are unfamiliar with.
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We understand the intimacy and complexity of these sorts of disputes (which often involve close relatives or step-relatives, very personal issues, a plethora of details, and “cross-over” legal issues pertaining to real property law, employment and labor law, family law, bankruptcy, and even criminal law) and take the time to present all options to clients who entrust us with these matters, making recommendations as to the best course of action given the information available.  We are also familiar with many sophisticated litigation techniques several probate attorneys are unaware of due to their lack of litigation experience, and strive to keep up to date with the daily changes in the law that may be applicable to your specific matter.

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Going to trial is often a last-resort measure due to the expense, delay, and highly intrusive nature of the process that leads up to trial.  However, Lionheart Legal’s team has the experience and willingness to go to trial should it be likely to produce the best outcome possible to achieve our client’s goals.  Lionheart Legal also has experience substituting into litigated matters in the middle of a litigation “storm” for clients seeking to replace their current counsel for whatever reason.
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To learn more about your individual situation, please feel free to contact Lionheart Legal and schedule a consultation.