The goal of estate planning documents is to avoid the time, cost, and personal toll that litigation takes. However, legal action is necessary in some situations. Only through litigation is it possible to fully assert your rights or defend yourself against others’ attacks. Just because something appears in a trust or a will does not mean that it is irrefutable. And, just because someone is threatening to sue does not mean that you must disregard the expressed wishes of the deceased. In all of these scenarios, litigation may be your best, or only, option. In such situations, the Brockway Law has the knowledge, experience, and compassion to work with you toward your best resolution.
Brockway Law is a firm with deep roots throughout all of California, not just Sonoma County. We understand that family dynamics can be difficult to navigate. Differences between generations, siblings, in-laws, and blended families can lead to all manner of misunderstandings and disputes. We at Brockway Law understand that litigation is never a word you want to carelessly throw around amongst family members. This is why we strive to strongly balance the time, cost, and emotional toll of litigation, versus the potential outcome.
We are not a firm that carelessly files suit. However, if litigation is necessary, we at Brockway Law are well versed and ready to advocate for our clients in the litigation arena. These are some of the issues that we have successfully advocated for our clients:
Are you a son, daughter, or spouse of someone who has recently passed away? Were you left out of the will or trust? Or have you been cut out by a sister or family member that was taking care of Dad or Mom right before they passed away? As an heir, you have rights to information, at the least. Please contact us at Brockway Law to evaluate how we may help advocate for you.
The trustee of a trust owes the highest fiduciary duty to the beneficiaries of the trust. At the minimum, a beneficiary of a trust or will is entitled to a copy of the trust or will, and information on the status of the administration. A beneficiary is entitled to an accounting of the estate and a proper timeline toward distribution of the estate to the beneficiaries. If you are a beneficiary with questions that have gone unanswered, contact us at Brockway Law to discuss how we may be able to help you get some answers.
The Probate Court is the home of estate litigation matters. As an estate moves through Probate Court, sometimes litigation is threatened or commenced. We at Brockway Law are familiar with not only our local Sonoma County Probate Court, but also other Courts throughout California. We have the experience necessary to work with Executors, Administrators, and Personal Representatives managing estates subject to the Probate Court. Please contact our office to discuss whether or not you would benefit from hiring our Sonoma County firm.
During trust administration, beneficiaries or others may threaten to sue the trustee, or contest the trust terms. These threats need to be handled by a law firm with experience in Probate matters. We at Brockway Law know what it looks like for a trust or trustee to go through defense of litigation. We pride ourselves in candid communication and strong advocacy that puts the client first. Trust and Estate litigation requires Trust and Estate experience. Brockway Law is a boutique firm focused only on the practice of Trust and Estate law. Call our office if you are a trustee that needs Trust and Estate experienced legal counsel.
Giuliana is FANTASTIC! My family and I were faced with a very disturbing situation and we weren’t sure what to do or who to go to for help.