California Estate Litigation Attorney

At the Law Offices of Amy Koshinski, P.C., probate lawyer Amy Koshinski is knowledgeable with estate planning, estate administration and estate litigation. This experience gives her an advantage over estate planning attorneys who do not accept litigation cases. She understands how the estate instruments are drafted, points that may become problematical during administration, and issues that arise in litigation.

Probate Litigation - Trust Litigation

Ms. Koshinski also assists trustees and executors with probate litigation issues, such as:

• Spousal Property Petition: A spousal property petition can be filed in order to transfer assets from a deceased spouse to surviving spouse in a simplified form of probate covered by this petition.
• Heggstad Petition or 850 Petitions: A simplified proceeding that allows one to avoid probate for with property that is left out of a trust, but was intended to be part of the trust. You may be able to avoid probate by filing an 850 petition which moves assets that were specifically identified in writing (on a trust schedule, for instance) but had not have been formally added to a trust that the deceased individual had previously created.

• 17200 petitions: can be brought for most issues related to a trust; accounting, surcharge, breach of fiduciary duty, petition for instruction, and a petition to compel distribution

Petition for Instructions - Trusts and Wills

When a course of action in an estate litigation matter is not specifically dictated by statute, a petition for instructions may be available. This is essentially a document that details how an estate, will or trust is to be distributed and/or administered. Such direction can be obtained only by a petition for distribution or by a petition to determine persons entitled to distribution.

Other Estate and Trust Litigation Matters

Ms. Koshinski's estate and trust litigation practice also covers a range of other matters, including:

• Accountings to Beneficiaries
• Creditor Claims
• Negligence by a Trustee, Executor, or Conservator
• Abuse of a Power of Attorney
• Small Estate Transfer Petitions
• Ambiguities within the Estate Documents

For experienced estate and trust litigation representation and a free 30 minute initial consultation, contact California estate litigation attorney Amy L. Koshinski at her office in Irvine today.

Law Offices of Amy Koshinski, P.C.
Orange County Estate Planning and Trust Administration Lawyer

2532 Dupont Drive
Irvine California 92612
Toll Free: (866) 330-0578 · Phone: (949) 250-7800 · Fax: (949) 250-7407
E-mail · Map and Directions

Orange County trust and estate lawyer Amy Koshinski serves clients in Orange County, Los Angeles County, and Riverside County, including the Southern California communities of Irvine, Mission Viejo, Laguna Beach, Costa Mesa, Anaheim, Orange, Newport Beach, Huntington Beach, Tustin, Santa Ana, Irvine, and Los Angeles.