What Can You Do If Estate Property is Wrongfully Taken? | CA Probate Litigation
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What Can You Do If Estate Property is Wrongfully Taken? | CA Probate Litigation


These things happen: a loved one dies. Their estate is unsecured. Relatives, neighbors and friends gather to
honor the decedent. Somewhere there is conflict – maybe not open
or glaring – but conflict nonetheless. The fight might be one against many, or a
few against a few. Conflict may be particularly rife among stepchildren
and stepparents. With the challenge you’re facing, you’re going
to need a probate litigation attorney. Let’s continue our scenario: There is someone
is in charge, or they appear to be in charge, of the estate. Important documents are secured, and estate
or probate lawyer is hired. Amidst all of this mix of grief, uncertainty
and anxiety, estate assets disappear – furniture, coins, silver, money, cars and precious family
heirlooms. It is one thing if assets are distributed
according to the decedent’s wishes, but it’s quite another if an estate’s valuables are
removed without accountability or transparency – or in many cases, just outright stolen. It is within this tense environment that a
proficient estate lawyer may share the wisdom of experience and gauge whether missing items
rise to the level of civil litigation or even criminal theft. In these cases, the filing of a Probate Code
Section 850 Petition – a legal filing also known in California as a Heggstad Petition,
is necessary. During the litigation of the Section 850 or
Heggstad petition, the parties may engage in discovery by deposition, interrogatories,
demand for production of documents, etc. It is then the prerogative of the personal
representative to utilize the procedures set forth in California’s civil discovery statutes
to obtain the information appropriate to the dispute. Hackard Law regularly represents clients in
Heggstad/ Probate Code § 850 matters throughout California. Our litigation team is committed to excellence
in the representation of clients in trust, estate and probate matters – from Sacramento
to Los Angeles and the Bay Area. We’re proud to serve clients and protect their
interests – contact us today so we can help you. Thank you.

4 Comments

  • Hackard Law

    This is a rather somber observation. It reflects the emotional toll that many prospective clients have while they are in grief and yet having to deal with unexpected financial issues.

  • Judgment Proof

    All too often, there are some things that go missing that can never be replaced and can never be found once they go missing. Such things like expensive jewelry and other miscellaneous is often permanently gone and untraceable. I don't know how you whatever find something like that unless you happened to stumble on it during a search warrant or you found it some other way by what seems to you like pure accident. Some things like this that are stolen from estates can be easily sold and not necessarily online. Somethings might show up at yard sales, fleamarket's or even secondhand shops like Goodwill. You just never know, but once it's donated I'm not sure how easy it would be to get it back without actually buying it back. I know it's wrong to have to buy back stolen property, and you shouldn't have to if you can prove it was stolen

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