California Estate and Trust Litigation Negligence Claims

What Are the Responsibilities of a Trustee?

Trustees have a variety of responsibilities and duties towards the grantors of the trust. A Trustee must constantly manage the trust as efficiently as possible and perform their duties in ways that will not harm the beneficiaries. Once they stray from these responsibilities, you will have the right to bring legal proceedings against them. You can press negligence claims against a trustee if they:

Withhold Pertinent Information:

Your trustee should always keep you informed regarding the state of your trust and provide you with any information that might affect it promptly. The law is very clear about what type of information should be included in the reports they present to you and how frequently they should be prepared (usually every financial quarter unless otherwise directed)

Favored a Beneficiary Over Another:

A trustee managing a fund on behalf of more than one co-beneficiary should treat them with equal levels of consideration and respect, according to the stipulations of the grantor. They will violate their terms of service if they show overt favoritism for one beneficiary over another.

Misused Trust Funds:

Fraud involves diverting trust funds into their accounts or using them for their benefit, which is punishable by law.

Mismanaged Trust Funds:

The fiduciary responsibility of a trustee dictates that they take good care of the funds in their control. This means making suitable investments, distributing them to the proper beneficiaries, paying the appropriate taxes, and doing everything a responsible caretaker would do to keep the assets safe and secure.

Committed Breach of Trust:

Trustees and co-trustees have a responsibility to keep the assets under their care secure, and any actions on their part that can be shown to jeopardize that may be construed as a breach of trust.
Committed Fraud: Trustees are not meant to benefit from their role (aside from attorneys who may only be compensated for their professional services).

Once you determine that your trustees are not performing their duties as they should, various courses of action are available to you. With the help of a competent probate attorney, you can take the necessary steps to:

Replace any fraudulent transactions that might have taken place.
Replace or permanently remove the trustee in question.
Freeze the trust accounts and assets to prevent any further possible damage.
Retrieve any account information necessary to put your trust accounts back in order.
Recover any money or assets that may have been misappropriated from the trust accounts.
Bring criminal charges against the guilty trustees because of theft or fraud.
Compel the trustee to refund the misused or misappropriated assets.

Do I Have to Go to Court to File a Trust Negligence Claim?

In most instances, trust negligence cases can be solved through tabletop discussions and negotiations, but there are often instances where this will not be a feasible option. While we understand that most people would rather avoid court proceedings wherever and whenever possible, the reality is that sometimes, this is the only way to arrive at a solution. Court proceedings can be more protracted, expensive, and complicated than direct negotiations, but they are sometimes the only way to achieve justice.

Whatever option you choose, you should always ensure that you have an experienced, dedicated probate lawyer by your side because they will have the skills and experience necessary to protect you from being taken advantage of and help you get the best outcome possible.

How Much Will a Trust Negligence Claim Cost, and Who Is Meant to Pay the Bill?

The cost of disputes involving trusts, wills, or estates will differ depending on the amounts involved, the complexity of the issues, the time taken to disentangle the matter, and whether or not the case is heard in court.

As we mentioned earlier, the parties involved in a dispute have the freedom to decide to settle the matter through direct discussions, in which case they will be at liberty to determine who will be responsible for paying the associated fees and who will be responsible for the payment.

Should the matter end up in court, on the other hand, the final decision will be left to the court, which will also decide the amounts in question and who will be held liable for the payments.

How Much Will a Trust Negligence Claim Cost?

When the time comes to pay for the costs of the dispute, several options are available to you, whether you will have chosen to take the matter to court or handle the issue through direct discussions. These include:

Private billing every month, whereby each client will handle their bills through private arrangements throughout the court proceedings.
Payment that only takes place after the proceedings, allowing you the time to get your finances in order.
Conditional fee agreements, also called No Win No Fee arrangements, are arrangements whereby the lawyers involved in the case will only be paid if their clients receive favorable outcomes once the proceedings are over.
Legal expenses insurance funds are funds that help people deal with legal fees when they are faced with unexpected court proceedings.

Any reputable probate attorney firm will understand that most clients will rely on the outcome of the ongoing dispute to come up with the necessary funds required to pay their legal fees. Most probate attorneys will be highly flexible and understanding regarding this point and will work with you to arrive at a payment plan that suits you.

How Much Time Do I Have to Make a Negligence Claim?

Regarding the law, it is always better to err on the side of safety about time. In the case of will, estate, and trust disputes, the nature of cases makes it hard to set a definite timeline or deadline for complaints since some issues only come to light years after they were committed. Because of this, it is generally advised that anyone with an objection should come forward before six months have elapsed since the representation grant was issued.

Suppose a trust is only revealed after the grantor’s passing. In that case, the potential beneficiaries and lawmakers will have a similar time to place any challenges before the courts. In any case, you must consult a competent probate attorney should you have any questions or concerns regarding trusts involving you or your loved ones.

What Responsibilities Do Probate Attorneys Have to Their Clients?

Legal professionals and probate lawyers tasked with preparing wills and trusts have a specific set of responsibilities, the failure of which might leave them exposed to changes of negligence. These include:

They must draft the legal documents with reasonable skill and care; otherwise, you will require the services of will-contest lawyers to remedy the situation.
They must take the necessary steps to ensure that their clients fully understand the ramifications of their documents (trusts, wills, etc.) and that they reflect the stated desires of their clients.
They must draft legal documents within a reasonable time frame, without unnecessary delays that might be especially harmful in the case of death-bed trusts and wills.

Final Verdict

Cases of professional legal negligence can be complicated to solve, especially where trustees and solicitors are involved. While trustees are typically considered high-trust individuals, there’s always the chance that they might intentionally or unintentionally cause damage to the trust. When this happens, the most effective course of action will be to bring a trust negligence claim against them, but this can be complicated.

To ensure that you get the best results for you and your loved ones at the end of this process, bring an experienced California trust lawyer on board. They will provide you with the skills, dedication, experience, and determination required for a positive outcome. Call us today for a comprehensive consultation. You won’t regret it!