This is the next post in my series on the handling of San Bernardino area probate cases involving a property dispute. My last article discussed the types of property issues which can arise during probate. It is important to understand that there can be disagreements over whether items should be included in the estate as well as whether items should be excluded. Regardless of the situation it is important that you retain a qualified attorney as you only have a limited amount of time in which to file a case. In this article, I will discuss the importance of discovery in such matters. Contact my office today to speak with a lawyer.
I previously discussed the use of discovery in cases where one is disputing a will due to capacity. The same concepts apply to matters involving disagreements over assets. Information can be obtained through various ways. First, Interrogatories may be used to obtain written answers to written questions. Second, Requests for Production can be utilized in order to obtain written records or other physical objects. Third, depositions allow for a witness to be questioned while under oath and in the presence of a court reporter. Fourth, subpoenas can be used to gain records from third-parties who are not involved in the lawsuit. The person receiving a discovery request will only be required to comply if proper procedures are followed. Retaining counsel can help you to ensure that those procedures are adhered to.
A common use of discovery can be to settle disputes over whether the deceased actually owned the property that is in dispute. The process can be used to obtain bank records, email correspondence, phone records, and other information relevant to the claims. It may also be necessary to depose witnesses who may have knowledge regarding financial transactions, sales contracts, and whether cash actually changed hands. No two cases are the same and it is important for your counsel to identify the issues unique to your specific matter. The same is true if your case involves a dispute over whether assets should be excluded from the estate.
Contact my office today to speak with a San Bernardino probate attorney. I have extensive experience in handling matters which involve property disputes and I am ready to assist you. I will use your initial consultation to gain an understanding of your situation and my office will develop a plan for resolving the case. We also service Rancho Cucamonga, Fontana, Ontario, Victorville, Rialto, Hesperia, Chino, Upland, Apple Valley, Redlands, Highland, Colton, Yucaipa, Montclair, elsewhere in the Inland Empire, as well as Los Angeles.