Trusts, Probate & Estate Lawyers in Riverside, Moreno Valley, Corona, Murrieta, Temecula, Jurupa Valley, Hemet, Menifee & Surrounding Areas
Talkov Law is dedicated to representing those throughout California with their concerns in trusts, estate, and probate matters. We represent beneficiaries, heirs, administrators, executors, and trustees in disputes involving a will or trust, fiduciary misconduct and fraud, claims of breach of fiduciary duty, investment mismanagement, financial elder abuse, incapacity, power of attorney abuse, and undue influence.
What is an Estate?
An estate includes all assets a decedent owned at the time of their death. If the decedent passed away with their assets in a trust, the issue involves trust litigation. However, if the decedent died without a trust, whether they had a will or not, the matter is considered probate litigation.
Trust Litigation in California
What is a Trust?
A trust is created by a person (trustor) who transfers property to a third party (trustee) for the benefit of chosen persons (beneficiaries). The trustee holds and administers the property for the benefit of the beneficiaries. Trusts remain private and are not subject to court supervision (probate) unless and until trust litigation arises. Trust litigation includes all trust-related actions brought to court, generally by trust attorneys: when an aspect of the trust is being disputed by the parties involved, there is trust litigation.
Why Do I Need a Trust Attorney?
Trust disputes can be emotionally grueling and financially taxing. Tensions between the trustee(s) and beneficiaries can make trust administration quite difficult and can lead to heavy financial and time costs. A trust litigation lawyer can handle trust disputes efficiently, lessening your burdens and providing you ease of mind.
Probate Litigation in California
A court will appoint an executor or an administrator to manage the decedent's assets, pay creditors, and distribute assets to beneficiaries. When an estate dispute arises, litigation involving a probate attorney may be necessary to interpret the California Probate Code. Probate litigation is a court process where people seek to address disputes concerning a will or trust.
Why Do I Need a Probate Litigation Attorney?
Wills pass through probate meaning they are subject to court supervision. Probate is a process through which assets are identified and distributed to intended beneficiaries or heirs of an estate. A will must be probated before property in an estate can be distributed to intended beneficiaries. The probate process is complex and can often be contentious. An estate litigation attorney can help make the process run quicker and smoother. For example, an estate litigation attorney can help you contest a will.
What is the Difference Between an Estate Planning Attorney and an Estate Litigation Attorney?
An estate planning attorney is an expert in creating estate plans, trusts, wills etc. whereas an estate litigation attorney is a trial lawyer who focuses on court processes involved in contesting a will, disputing a trust, etc.
When to Contact a Trust, Estate, & Probate Attorney in California
When issues arise with a trust, estate, or will, parties to the estate including trustees, beneficiaries, and claimants may bring the matter to probate court. This is considered trust, estate and probate litigation. Some examples of disputes calling for the expertise of a trust attorney or probate lawyer include:
Trust Litigation, Contests, & Disputes - a process through which beneficiaries/heirs try to change the inheritance, gift, bequest or distribution of a trust after the passing of a loved one (i.e. contesting a trust, disputing a trust, voiding a trust, invalidating, a trust).
Inheritance Disputes and Disinherited Children - California allows for the disinheritance of a child. Even if fully or partially disinherited, a child may still have rights to an inheritance if they can prove they were disinherited due to unjust reasons i.e., undue influence, incapacity.
Trust Misappropriation, Mismanagement, and Embezzlement - In family trusts, embezzlement refers to the misappropriation of funds belonging to the trust, or to the decedent that should belong to the trust but were stolen before their passing. Trust litigation addresses the monetary relief aspect of an embezzlement case.
Undue Influence - Under California Welfare and Institutions Code § 15610.70, undue influence is defined broadly as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity…”
Power of Attorney Abuse - This raises questions of the power given to someone to make legal decisions on the behalf of someone else. Typically, power of attorney is given to a family member.
Will Contests and Trust Contests - This involves questioning the validity of wills and trusts based on fraud, duress, undue influence, coercion, lack of capacity, proper will execution, and testamentary intent
Probate Litigation- Contesting a Will, Undue Influence, Mental Incapacity, Breach of Fiduciary Duties, and Filing Creditor Claims.
Contact a Trust, Estate & Probate Attorney in Riverside County Today!
Regardless of whether you are a trustee, beneficiary or heir in a dispute arising in Riverside County or elsewhere in the Inland Empire, our team at Talkov Law in Riverside can help enforce your rights and resolve any trust disputes that arise in Riverside County. We understand that not every dispute needs to be litigated. We carefully help our clients consider the relative and ever-changing strengths and weaknesses of their cases. By utilizing appropriate legal strategies to put ourselves in the best position possible, we help our clients secure the best results, whether that is through negotiated settlement, mediation, or trial.
With an office in Riverside, California, the attorneys at Talkov Law in the Inland Empire provide legal services in the cities of Riverside, Moreno Valley, Corona, Murrieta, Temecula, Jurupa Valley, Hesperia, Hemet, Menifee, Perris, Eastvale, Lake Elsinore, San Jacinto, Beaumont, Wildomar, Banning, Norco, Canyon Lake, Calimesa, and Idyllwild, as well as San Bernardino County.
I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to... real estate, probate and a bit of family law. The attorneys at Talkov Law helped me achieve a great outcome in a difficult, heavily litigated case. Attorneys Scott Talkov and Nick Moss came up with creative solutions to bring an end to the disputes on multiple properties. Heartfelt thanks to the Team at Talkov Law!read more
I retain Attorney Colleen Sparks with Talkov Law back in October 2020. Since day one, she has been available to answer... all of my questions, demonstrates she is compassionate about her clients and reliable. We have been happy with the services she's been providing and outcome of my family guardianship case to date.read more
I would highly recommend using Talkov Law for representation regarding family law matters.I was in need of help with a... modification of spousal support. Upon my initial call with Talkov Law, I was contacted by the attorney Colleen Sparks.Ms. Sparks listened to my situation and addressed my questions/concerns. I was immediately impressed by her professionalism. She did not pre-judge the situation, instead presented me with a strategy based on her experience and expertise.The strengths of Ms. Sparks and her team is their efficient communication of case and billing status, and preparation of documents for the day in court.Of course, there are no guarantees of the outcome in court, I felt Ms. Sparks was well prepared.On the day of the court proceeding, I was highly satisfied with the results.Overall my expectations were exceeded.I would not hestitate to use Talkov Law again if needed.read more
I couldn't have been more happy with my experience with Talkov Law. I had a child support case and Colleen Sparks was... there for me every step of the way. She was nothing short of AMAZING. Colleen always got back to me the same day I reached out to her and never once made me feel like a bother or a nuisance. I would highly recommended Talkov Law to anybody needing a lawyer. She was sharp, patient, and kind. I would never consider hiring any other lawyer. You will not be disappointed.read more
I have a family issue that I’ve been going through and I contacted Talkov Law. I was able to talk to and work with... Colleen Sparks. She has been nothing short of amazing. She’s been very responsive and understanding and uses facts and evidence to back it up. She’s very level headed and knows her stuff. Very smart person. 100% recommended. She goes above and beyond for you and I can’t say enough good things about her. She’s helping me fight for my son when I thought all hope was lost. Thank you so much Colleen!read more
I was loosing my mind over a family law matter. I contacted Talkov Law and my attorney was able to put me at complete... ease. She went above and beyond to research different laws, statues and even news article to help support our argument. She was very honest and professional at all times. Even though the opposing attorney tried very hard to twist my character and completely discredit my military service and, the laws that are designed to protect us. Colleen Sparks remained completely levelled headed and was able to get the judge to decide on our behalf using solely the facts that can be proven and supported. I am so grateful for her hard work and dedication, I don't know what I would have done without her!Thank you so much Colleen!! You are definitely a life saver!!read more
I had a real estate issue and contacted Talkov Law. Within minutes Scott contacted me. He was very professional and... extremely knowledgeable. I feel extremely indebted for the help he provided. 5 stars definitely isn't enough. I would recommend Scott without any doubt he would meet your attorney needs. Thank you again Scott.read more
Mr. Scott was very knowledgeable about the topic and clearly answered all of my questions and took his time to make... sure that I understood everything he was saying. He seemed to really care about our case and gave clear advice on what our next steps should be. I definitely recommend going to him for consultation.read more
Mr. Talkov has an excellent legal team. They are experts in their field. Super strong command of the law and getting... people and issues on track. They have tremendous professionalism, respect, and provides solid advice in handling complicated disputes by quickly getting to the core resolution. His leadership, quick wit, strong actions backed with experience and knowledge ranks him as a Super Lawyer again and again! Highly Recommend!read more
I'm glad that I found Talkov Law to resolve all of the complications in my life involving real estate and family law... when I was pulled into someone else's bankruptcy. They clearly explained to me the pros and cons of different strategies to resolve the disputes. I will continue to recommend them to others with similar legal issues!read more
Scott is the best. I knew I would be in good hands based on his reputation, but I was still amazed by how knowledgeable... he was about every little detail of process. He was able to make something that was originally extremely stressful into something that was very smooth. Anything that came up, he would find a solution for rapidly. I will be referring anyone I know that needs legal work to him and his firm.read more
Mr. Talkov helped us to promptly resolve the creditors who were demanding payment after our business shutdown. He... guided us through the process of protecting our home to secure we have a place to live now and into the future. The bankruptcy was over in a matter of a few weeks. I'm glad our attorney had a positive relationship with with the trustee. Thank you so much!!!read more
"Thank you to Talkov Law for promptly resolving our landlord-tenant dispute. Before you came on board, our tenant had... hired an attorney to make up claims about our property. However, you swiftly put an end to this on favorable terms. Thanks again."read more
Thank you Mr Scott helping our company to handle tough case with mean landlord. for the bad economy situation we want... to terminated lease peacefully and meanwhile the landlord do not want to do it. and make problems even want put us on court. Mr Scott and his professional service to make talk to landlord more easy. and finally solve the issue. will strongly recommend friend to his law firm.read more
I was provided with excellent service and sound legal advice to navigate through my pending legal issues. I am so... thankful to find Scott during my situation. He is very knowledgeable and is the best at what he does. I will be recommending him to many people in the future.read more
I was very impressed with Scott and his professional manner! Scott came highly recommended by a skilled bankruptcy... attorney in Orange county, Ca. He promptly understood our situation and provided a clear solution path. Within 48 hours he resolved our real estate and business dispute arising out of our complex bankruptcy case.After, researching the matter and developing an appropriate strategy, Scott was able to convince the opposing creditor to resolve the judgement from our former business to our satisfaction! This could have dragged on for months, but Scott solved it in a matter of days, allowing escrow to close on time.I would highly recommend his legal services!Dan Bernstein February 5, 2020read more
I am very fortunate that I found Scott to represent me. The Riverside Court judge seemed familiar with his work and... even deferred to his legal expertise. Not only was his legal advice spot-on, but the case turned out exactly as he predicted. I'm glad I wasn't fooled by his young appearance- he knows exactly what he's doing. I wish I had found Scott years earlier as the favorable court ruling has changed the future of my business!read more