| Alan R. Horvath, Attorney at Law |
| Estate Litigation - Do You Have a Claim? |
Establishing a claim against a will or a trust requires looking at five distinct areas. First, and foremost,
the question the court will address is "What did the decedent intend?" This question will be
addressed primarily through reference to the document involved.
The will or trust is administered by an executor or trustee. Either way, this person has legally
imposed duties with respect to the decedent, his property and the beneficiaries. Most claims will
arise from a failure to live up to these duties.
In assessing whether or not the administrator is living up to the duty imposed, both the controlling will
or trust, and default state law will grant the administrator certain discretion. What discretion is or is
not appropriate will greatly shape whether or not a claim exists.
In asking whether or not a claim exists, it is important to take note of any possible "No Contest"
clause and its effect on the proposed claim.
Finally, regardless of what the intentions were, no gift will be made unless the assets exist with which
to make it after the satisfaction of any creditor claims.
the question the court will address is "What did the decedent intend?" This question will be
addressed primarily through reference to the document involved.
The will or trust is administered by an executor or trustee. Either way, this person has legally
imposed duties with respect to the decedent, his property and the beneficiaries. Most claims will
arise from a failure to live up to these duties.
In assessing whether or not the administrator is living up to the duty imposed, both the controlling will
or trust, and default state law will grant the administrator certain discretion. What discretion is or is
not appropriate will greatly shape whether or not a claim exists.
In asking whether or not a claim exists, it is important to take note of any possible "No Contest"
clause and its effect on the proposed claim.
Finally, regardless of what the intentions were, no gift will be made unless the assets exist with which
to make it after the satisfaction of any creditor claims.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
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| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |