Max M. Alavi

Max M. Alavi, principal attorney of Max Alavi, Attorney at Law, APC( OC Trusts Lawyer), is widely recognized for his commanding presence in trust and probate litigation. With over 30 years of legal experience and bar admissions in California (2010) and Texas (1992), Mr. Alavi is the attorney clients turn to when the stakes are in the tens or hundreds of millions—and the opposition is determined to fight.

His courtroom track record includes victories in some of California’s most complex and high-value estate disputes, combining deep knowledge of probate law with the strategic skill of a seasoned litigator.

Core Practice Focus:

Trust & Probate Litigation

Will & trust contests

Breach of fiduciary duty claims

Beneficiary disputes

Elder financial abuse cases

Complex, high-value estate litigation, including estates exceeding $100 million

Emergency petitions, injunctions, and accountings

Trust & Probate Administration

Guiding trustees and executors through compliance, accountings, and dispute avoidance

Navigating probate efficiently and minimizing exposure to liability

Estate Planning

Notable Case Results
1. $100 Million Estate Trial Victory – Los Angeles County
Defeated challenges to a trust in a contested trust trial, preserving the client’s full inheritance.
2. Full Recovery in Embezzlement Case – Orange County
Recovered all estate assets after the administrator embezzled funds and fled; secured an arrest warrant.
3. $30 Million Trustee Misconduct Win – San Francisco County
Forced an eight-year-delayed distribution, securing full payment for heirs.
4. Pretermitted Spouse Claim Defeated – Riverside County
Settled for pennies on the dollar by showing fraudulent intent and abuse of the decedent.
5. Summary Judgment Trust & Quiet Title Victory – Orange County
Achieved a decisive summary judgment in a disputed trust case, securing clear title to the family home for the rightful heir without the need for trial.
6. Family Home Restored to Beneficiary – Orange

• Trust and Estate Litigation

California

State Bar of California

ID Number: 272099

Since 2010

Texas

State Bar of Texas

Since 1992

super lawyer

Findlaw

2025

State Bar of California  # 272099

Member

Current

Orange County Bar association

Current

Q. Inheritance rights if parent dies before estate distribution in California.

August 21, 2025

A: I’m sorry you’re dealing with this situation. Under California law, you are very likely entitled to your mother’s share of your grandparents’ estate.

Your grandparents’ will left the stocks equally to your mom and your aunt. Normally, if a beneficiary dies before receiving their gift, that gift might lapse. However, California has what’s called an “anti-lapse” statute (Probate Code § 21110). This law says that if the person named in the will is a blood relative of the person who made the will, and they die before the inheritance is distributed, then their children inherit in their place—unless the will specifically says otherwise.

In your case, your mother was your grandparents’ daughter, and you are her only child. That means her share would not disappear or automatically go to your aunt. Instead, her half would pass directly to you. Your aunt would keep her half, and you would receive the other half.

The fact that your mom did not have a will doesn’t change this outcome. Because of the anti-lapse statute, her inheritance doesn’t pass through her estate at all—it comes straight to you.

The only exception would be if your grandparents’ will explicitly stated that if your mom passed away first, her share should go only to your aunt. If that language is not in the will, then you are entitled to your mom’s share. ... Read More