Estate Litigation

When families can't agree, you need someone in your corner.

Litigation is always a last resort. But when a trustee is being bullied, or a document doesn't reflect what Mom and Dad wanted, Jonette stands up for her clients and sees it through.

Law Office of Jonette M. Montgomery · Hanford, California

The disputes she handles

Estate fights tend to come in a few familiar shapes. Challenges to a will or trust's validity. Undue influence, where someone stepped in late in a parent's life, often when Mom or Dad was becoming forgetful, and the documents suddenly changed. Disputes over a trustee's conduct, or over who should administer an estate when there's no will and several children hold equal priority. And disagreements over how assets should be divided, which get sharper when the assets are land a family has worked for generations.

Her honest take on lawsuits

Jonette avoids litigation whenever she can, and she's blunt about why. It's stressful, people underestimate how stressful, it's expensive, and too often the only people who win are the attorneys. She will never encourage a lawsuit you don't need, and she will never guarantee a result, because litigation always carries risk and no honest litigator promises outcomes.

A lot of what she does is preventing these cases before they start: realistic estate plans, open family conversations, and trustees who follow the rules from day one. The best lawsuit is the one that never gets filed.

When fighting is the right call

Avoiding a fight is not the same as rolling over. When a client is being railroaded, like a trustee getting bullied by siblings and their lawyers, or a beneficiary being cut out of what they're owed, she stands up for them and doesn't back down. She'll review the documents and the story, tell you honestly whether the case is worth pursuing, and if it is, she'll be prepared and ready to see it through. Some of her closest client relationships began with someone who had never been able to stand up to their own family, and finally had someone who would.

"I try to avoid litigation when possible. The only people who win are the attorneys. But I don't just roll over, and when it's the right move, we'll be prepared and ready to see it through."

Jonette M. Montgomery

This is general information, not legal advice. Reading this page does not create an attorney-client relationship between you and the Law Office of Jonette M. Montgomery. Every family's situation is different. If any of this applies to you, the right next step is a conversation, not a Google search.

Common Questions

Quick answers

Do most estate disputes go all the way to trial?

Many resolve short of trial through negotiation or settlement, and resolving early is usually better for the family and the estate. Preparation for trial is what makes a fair resolution possible.

What is undue influence?

It's when someone pressures or manipulates a person, often one who is elderly, ill, or becoming forgetful, into changing their estate plan in that person's favor. It is one of the most common grounds for challenging a will or trust.

How do I know whether my case is worth pursuing?

Bring the documents and tell the story. Jonette will give you an honest assessment of whether litigation is your best path forward, including when it isn't. Litigation is always a risk, and anyone who guarantees you a result is not being straight with you.

Talk through your situation with Jonette.

There's no pressure, and if you don't need an attorney, she'll tell you.

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