Probate disputes are essentially when two or more individuals involved in the probate proceedings are in a disagreement. This can be a disagreement between the individuals that are receiving the estate, or with the individuals that are the inheritors of the estate with the individual who is handling the estate and the distribution of the belongings. A dispute can occur at any point in the probate proceedings.
California Code on Dispute
The California code provides ways in which to deal with varying forms of disagreement regarding probate. For example §2405 notes the two ways in which a disagreement involving the caretaker of the assets, belongings, and property of an individual and their children or other individuals that require care or assistance, as well as another individual - there are three parties involved in the disagreement, can be worked out.
According to §2406, in the event of disagreements involving the individual who is the caretaker of the estate and children or other individuals who require care or assistance , also referred to as the guardian and conservator, as well as another individual, with the disagreement regarding the deceased individual's property, assets and belongings - there are three parties involved in the disagreement .
The individual who is the caretaker can make some sort of arrangement that is concurred upon between the individuals through a document and then give the document for the purpose of settling the disagreement and reaching a decision, in the manner that §1280 from the California code of civil procedure presents , but the court must accept the arrangement, as well as have the acceptanc e of the arrangement's duplicate given to the court for documentation before it is valid.
We can assist you in ending the dispute
In such situations, regardless of the reasons behind the dispute, it is necessary for the disagreement to be taken care of. A dispute can grow and could potentially hinder the process for the probate. We understand that you just want the disagreement to be taken care of. Our firm can assist you in dealing with a probate dispute and informing you of the particular code that details how to deal with a probate dispute, so contact the Law Offices of David Shapiro today.