Hess-Verdon & Associates PLC
Trustee Refuses to Give an Accounting
If the Trustee is the settlor, they can refuse to provide an accounting as the Trust instrument is revocable. Once the settlor dies, the Trust Instrument becomes irrevocable and the Successor Trustee should comply to probate code 16060 and keep beneficiary’s reasonably informed of the Trust and its administration or will be in breach of their fiduciary duty.
Can a Trustee Sue on Behalf of the Trust
Many times a trustee will want to consider to sue on behalf of the Trust against another co-trustee. Typically the Trustee and the co-trustee are family members. If you are a trust maker, that is the grantor or settlor, think twice before having two or more trustees. Having two Trustees sound prudent but opens conflicts within the family. The bottom line, you’re setting your family up for battles. Now the question is, “Can a trustee Sue on behalf of the Trust. “
Trustee Sue on Behalf of the Trust
HESS-VERDON – #1 SOUTHERN CALIFORNIA TRUST & ESTATE LAW FIRM
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Many times a trustee will want to consider to sue on behalf of the Trust against another co-trustee. Typically the Trustee and the co-trustee are family members. If you are a trust maker, that is the grantor or settlor, think twice before having two or more trustees. Having two Trustees sound prudent but opens conflicts within the family. The bottom line, you’re setting your family up for battles. Now the question is, “Can a trustee Sue on behalf of the Trust.”
1st takeaway: Contact a Trust Litigation Attorney and will set it straight based on your circumstances.
With that said,
If there is more than one Trustee, Can the Trustee Sue in behalf of the Trust
The answer is yes and no, depending on how the writeup of Trust instrument. If the Trust allows the Trustee to act alone, then Yes. If, however, like most Trust instruments state that both Trustees should agree, then No, a Trustee cannot act alone.
If both Co-Trustees agree, then each can attain their counsel, as was in the case of Doermer v. Oxford Financial Group, 884 F.3d 643 (7th Cir. 2018). Each Trustee sought counsel.
An estate is not a legal entity; it does not have the capacity nor the standing to sue, and the title of the estate assets are held by the Trustee, who is the party in interest.
Choosing the Right Trust Estate Litigation Lawyer is Crucial
Searching for an Orange County Trust Litigation attorney? Hess-Verdon & Associates is one of the most knowledgable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.
Our viewpoint is the following: Aggressive legal representation with a team of experts that protect you, our preferred client, with current tax and estate planning strategies.
Our litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case.
We welcome the opportunity to discuss your needs, our qualifications, staffing approaches, and rate structures with a view toward the successful resolution of Estate, and trust-related matters.
Learn more about our Living Trust Attorneys.
What Is Trust Litigation?
Trust litigation is where a Beneficiary or Trustee or even an heir of a Trust feel their legal rights are trampled upon and need legal counsel to represent them in court. Typically the trust litigation is between the Trustee vs. the Beneficiary/heir. Many issues can arise, and mostly due to transparency, i.e., the beneficiary feels the Trustee may be self-dealing. Self-dealing is where the Trustee puts their needs and wants before the Beneficiaries. Now, the Trustee knows they have the fiduciary duty to put everyone above their self-interest first and to comply with the wishes of the Trustor.
Now, after legal discovery, both parties will be asked to do the following:
Trust litigation is by far the most costly and can drain the estate assets. If you are a Trustee and or Beneficiary, best to keep communication open at all times with proper bookkeeping.
Why Consider hiring Hess-Verdon trust litigation attorneys
We work efficiently to help individuals, families, fiduciaries, organization with the following:
- Individuals and families
- Trust Companies
- Charitable entities
- Family Offices
- Corporate Fiduciaries
- Corporate Trustees
- Business Owners
Here at Hess-Verdon, we counsel clients on various aspects of estate disputes. Such as investigating potential claims, evaluating the merits of bringing a claim, filing or defending a claim, and when necessary litigating a claim through trial or settlement.
With our expert team of trust litigators, in many instances, we can settle such proceedings without going to trial after taking into account the merits of the positions advanced by the respective parties and the tax rules applicable.
Rest assured, the Hess-Verdon team is here to help you. Unlike some other law firms, we are a full-service firm. Handling thousands of probate and trust litigation cases helps us know exactly steps are crucial for your case.
Visit us in Fashion Island in Newport Beach. If you believe you need a team of attorneys, paralegals, and a helpful, caring staff, then read on.
What are some common trust disputes:
When we meet with clients, we will discuss Trust disputes as well and how to avoid them. Our team of attorneys will cover the beneficiary perspective and Trustee(s)’ aspect and the steps for both parties.
A Person may Bring a Cause of Action for the Following Reasons:
- Trust Contests
- Disputes involving interpretation of sophisticated estate plans
- Disputes in Probate Court
- Discussions regarding Trust Administration
- Breach of Fiduciary Duty Claims and Ethical Concerns
- Undue Influence and Elder Financial Abuse Claims
- Business and Asset Valuation Disputes
- Contested Conservatorships
- Professional negligence and breach of duty defense for fiduciaries;
- Petitions to include omitted assets into the trust (Heggstad Petitions);
- Probate Code § 11700 proceedings to determine inheritance rights;
- Property and entitlement disputes;
- Recovery of lost, excluded, and disputed property (Probate Code § 850).
- Trust Accounting disputes
- Kinship proceedings
- Surviving spouse’s right of election
- Fiduciary litigation and removal proceedings
Meet The Team
California Trust & Probate Litigation Lawyers
Are you looking for an estate litigation attorney in your area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in handling your specific issues.
- Can a Trustee sue on behalf of the trust
- Can a Trustee be held personally liable
- Can a Trustee remove a Beneficiary from a trust
- Settling a Trust After Death
- Being a Trustee of a Trust
Trustee & Co-Trustee Not Getting Along
Contesting a Trust in California