Probate Litigation Attorney in Newport Beach

Protecting Your Rights In Contested Estates

When a loved one dies and questions arise about a will, trust, or how the estate is being handled, families can find themselves in conflict quickly. Access to money may be delayed, property can be tied up, and long-standing relationships may feel at risk. In these moments, having clear legal guidance is critical.

At Messina & Hankin LLP, we help heirs, beneficiaries, fiduciaries, and other interested parties navigate probate disputes tied to Newport Beach and the surrounding Orange County area. Our goal is to protect your rights while working toward practical resolutions that reflect both the law and your family’s reality. We know you may be frustrated, grieving, and unsure what to do next.

Our probate litigation attorneys in Newport Beach bring more than 150 years of collective legal experience to complex estate and trust conflicts. We have handled well over 1,000 matters, and our team includes lawyers with backgrounds in finance, business, and real estate. That combination allows us to address the legal, financial, and property issues that often drive probate litigation.

Get the guidance you need for a Newport Beach probate dispute—reach out online or call (951) 363-2134 to speak with our experienced attorneys today.

Why Families Turn To Our Firm

Choosing counsel for a probate dispute is about more than finding someone who knows the Probate Code. You are trusting a team with your inheritance, your loved one’s legacy, and often your ongoing relationship with other family members. We take that responsibility seriously and work to bring both legal skill and practical judgment to every case.

Our firm has more than 150 years of combined legal experience, and many of our probate litigation attorneys have practiced for over 25 years. Over time, we have guided clients through hundreds of contested estates and trust disputes of varying size and complexity. That history matters because it gives us a deep sense of how California courts tend to view common issues and how different strategies can play out.

We are different from many firms that focus only on traditional estate planning. Some of our probate litigation attorneys are also certified public accountants or licensed real estate brokers. This means that when disputes involve detailed accountings, tax questions, business interests, or high-value real property, we can evaluate those issues with a level of insight that goes beyond the legal surface. For families dealing with homes, investment properties, or businesses in and around Newport Beach, that perspective can be important.

Our legal team works collaboratively. When you work with us, you benefit from probate litigation attorneys who understand finance, business law, and real estate law, and who share that knowledge across the firm. We strive to tailor our approach to your specific situation rather than forcing your dispute into a rigid template. Some matters call for firm litigation and discovery in court, while others are best resolved through careful negotiation. We discuss those options candidly with you.

Common Probate Disputes We Handle

Probate litigation can arise in many ways, but most conflicts fall into a few familiar patterns. Understanding how your situation fits can help you decide when it is time to talk with a probate litigation lawyer Newport Beach families can rely on for clear guidance.

One frequent category involves challenges to a will or trust itself. Relatives may allege that the person who signed the document lacked capacity at the time, or that another individual exerted undue influence to change provisions late in life. Others may question whether the document was executed correctly under California law. In these matters, courts often look closely at medical records, witness testimony, and prior planning documents.

Another common source of conflict is the conduct of an executor, administrator, or trustee. Beneficiaries may suspect that a fiduciary is mismanaging assets, favoring one person over others, or failing to provide required information. Disputes often center on missing accountings, delayed distributions, or transactions that appear to benefit the fiduciary personally. In these cases, careful review of financial records and property transfers is essential.

We also see many disputes involving complex assets, including closely held businesses, investment accounts, and real estate associated with Newport Beach and the greater Orange County area. Questions may arise over how to value and divide such property, whether a sale is necessary, or how to handle co-owned interests. Our backgrounds in finance and real estate allow us to analyze these situations in detail and to work with outside professionals when needed.

Finally, there are conflicts about who has the right to bring a claim or defend a decision. Under California law, certain heirs, beneficiaries, creditors, and fiduciaries have standing in probate and trust matters. We help clients understand their legal position before they commit to a particular course of action, which can save time and resources in the long run.

What To Do In A Probate Dispute

Discovering that an estate or trust is not being handled the way you expected can be unsettling. You may sense that something is wrong, but feel unsure how to respond without making the situation worse. Taking a few careful steps at the outset can help protect both your legal rights and important relationships.

Begin by gathering the documents and information that you already have. This might include copies of any wills or trusts you received, communications from the executor or trustee, and financial statements or property records that relate to the estate. Keeping this information organized can make your first conversation with counsel more productive.

It is usually wise to avoid self-help actions, such as removing items from a property or making unilateral decisions about bank accounts. Even when you feel justified, these steps can be used against you later or create additional conflict. Instead, consider documenting your concerns in writing and keeping a private record of key events and dates.

Consulting a probate litigation attorney early can be helpful, even if you are not certain you want to proceed in court. We regularly speak with individuals who are simply trying to understand whether their concerns are serious enough to warrant legal action. In these initial discussions, we work to clarify what the documents say, what duties apply to the fiduciary, and what options may be available.

When you reach out to our firm, we typically start by reviewing the basic facts and any documents you can provide. We then talk through your objectives, whether they involve removing a fiduciary, contesting a document, or resolving a specific accounting issue. Our goal is to outline a strategy that aligns with your priorities and the realities of litigation, including cost, time, and potential impact on family dynamics.

How Probate Litigation Works In This Area

Understanding the general path of a probate or trust dispute can make the process feel more manageable. While every case is different, most contested matters tied to estates in this region move through a series of predictable stages, from initial filings to potential settlement or trial.

Many disputes involving estates or trusts linked to Newport Beach are handled in the Orange County Superior Court Probate Division. Which courthouse and department will hear your matter typically depends on the nature of the case and where the estate is being administered. Familiarity with local procedures, filing requirements, and court expectations can help avoid delays and unnecessary complications.

Probate litigation often begins when someone files a petition or objection with the court. This could be a will contest, a petition to remove a fiduciary, a petition to compel an accounting, or another form of request for relief. After that, the court usually sets hearings and deadlines, and the parties exchange information through discovery. During this phase, depositions, document requests, and expert evaluations may all play a role.

Many cases resolve before trial through negotiated agreements or court-supervised settlements. The chances of settlement typically depend on the strength of the legal claims, the clarity of available evidence, the cost of continuing, and the willingness of the parties to compromise. When settlement is not possible, the court may hold an evidentiary hearing or trial, where testimony and documents are presented, and a judge issues a decision.

Throughout this process, communication between you and your counsel is important. Our attorneys work to explain what each stage means, what is coming next, and how new developments affect your options. When matters involve sophisticated financial questions or property located in this area, we may coordinate with accountants, appraisers, or real estate professionals so that the court receives a complete picture.

For heirs or beneficiaries who live outside California, navigating a case tied to property here can be especially challenging. We regularly work without-of-statee clients and arrange communications in ways that respect time zones and travel limitations. By handling filings and court appearances locally, we aim to reduce the burden on those who are trying to manage a dispute from a distance.

Talk With Our Probate Litigation Team

If you are facing a contested will, trust dispute, or conflict with an executor or trustee, you do not have to sort through it alone. A probate litigation attorney Newport Beach families can turn to should be able to explain your rights clearly, evaluate the strength of your concerns, and outline realistic paths forward.

At Messina & Hankin LLP, we bring together extensive legal experience, financial and real estate insight, and a collaborative mindset. We work to understand what matters most to you, whether that is removing a fiduciary, protecting a family home, resolving an accounting problem, or reaching a settlement that allows everyone to move on. From initial evaluation through potential trial, our attorneys remain focused on thoughtful, strategic advocacy.

When you contact us, we will review the basic facts of your situation, look at any documents you can share, and discuss possible next steps. You can ask questions about the process, timing, and what working together would look like. There is no obligation to move forward, and the conversation can help you decide whether formal action is appropriate.

Frequently Asked Questions

When should I call a probate litigation lawyer?

You should consider calling as soon as you suspect something is wrong, such as missing information, sudden document changes, or delayed distributions. Early advice can help preserve deadlines and evidence. We can review your concerns, explain your options, and help you decide whether formal action makes sense.

Do all probate disputes in this area go to court?

Not all disputes end in a full trial. Many matters filed in the Orange County Superior Court Probate Division are resolved through negotiation or court-supervised agreements. We assess the strengths and risks of your case and work with you to pursue a settlement where possible while preparing for hearings if needed.

How can your team help with complex estate assets?

Our probate litigation attorneys include professionals with finance and real estate backgrounds, including CPAs and licensed real estate brokers. This helps us evaluate accounting, property transactions, and business interests in detail. We work to present clear information to the court and to structure resolutions that reflect both legal and financial realities.

Will pursuing probate litigation destroy my family relationships?

Litigation can strain relationships, but ignoring serious problems can also cause lasting damage. We discuss your goals, including family considerations, and explore options such as targeted petitions or negotiated solutions. We aim to protect your rights while remaining attentive to long-term practical consequences.

What should I bring to an initial consultation with your firm?

It is helpful to bring any wills, trusts, court papers, letters from the executor or trustee, and recent account statements you have. A brief written timeline of events can also assist. With this information, we can better understand your concerns and provide more focused guidance.

Protect your interests in a Newport Beach probate dispute—reach out online or call (951) 363-2134 to connect with our trusted legal team.