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Finding the Best Estate Litigation Attorney – California

  • What if the Trust was done under undue influence
  • What if the trustee siphoned funds and failed to make distributions?
  • What if beneficiaries are claiming breach?

These questions represent the worst-case scenarios that can frustrate estate administration in California. When disputes arise in the process, what you need is an estate probate litigation attorney by your side. The attorney will fight for you or arbitrate so that you don’t have to fight.

california Estate Litigation attorneys – Trust contest

An estate litigation attorney can represent the Trustor or beneficiaries and help resolve issues that might arise.

Concerns warranting legal intervention include:

· Forged Trusts

· Trusts created under duress

· Trusts created by persons known to have been suffering from mental illness

· Trusts create in a manner that violates provisions

The beneficiary has a problem with the will or trust’s authenticity and legality in the above-listed examples. An estate litigation attorney can help to diagnose the issue legally. Further, they can help the disgruntled beneficiary to file a contest within 120 days and provide advocacy through the litigation. The lawyer will help to protect the estate from fraudulent wills and trusts.

Trustee removal and replacement

In many cases, the will or the Trust itself is not the problem. Instead, the disputes arise from the administration of the estate after the grantor passes.

Possible scenarios where a beneficiary could benefit from legal assistance include:

· Trustee wasting funds, stealing from the Trust or doing other illegal things with the Trust

· Trustee failing to make the needed distributions

· The trustee is engaging in corrupt acts, misappropriating, or wasting trust funds.

· The distributions the contravene trust terms and last wishes

· There is a breach of fiduciary responsibility (trustee acting in their own interests)

The best California trust litigation attorney can obtain justice for you if you are a victim of these occurrences. That entails fighting for your maximum compensation by suing for trust mismanagement. The road to justice starts when you file a petition (section 17200) with the California probate court.

Co-trustee removal and replacement

As a trustee, you will need legal protection or representation if a fellow trustee acts in a manner that contravenes the terms of the Trust. If your co-trustee fails to make distributions or account to the trustees, for instance, the beneficiary could sue both of you for damages. Having your own counsel is a wise strategy. Here is a rundown of risky scenarios:

·Legal moves include gathering evidence and petitioning the courts to remove the trustee. If this isn’t done quickly and rightly, the courts might find you (innocent trustee) jointly responsible for the Trust’s mismanagement when a beneficiary files a claim.

Tax, creditors, and disgruntled beneficiaries

As a trustee, when a grantor plans their estate to avoid probate using a trust, they put the responsibility of managing and distributing the assets into your hands. In the course of administering the Trust, you may run into several legal challenges. These include but are not limited to:

· Disgruntled beneficiaries who bring up false claims of mismanagement or breach of fiduciary responsibility

· Creditors who target assets in an irrevocable trust knowing entirely well they are not part of the decedent’s estate

· Trust tax complexities (estate tax, income tax, capital gains tax)

· Compliance issues with trust terms and California trust laws

An estate litigation attorney can help to settle disputes with disgruntled beneficiaries before any matters reach the courts. When claims are filed, the legal experts can help to defend both the Trust and the trustee. Throughout the trust administration, the lawyer will provide counsel on taxes, creditors, and compliance matters.

In estate litigation, a lot is at stake. You can’t go it alone. The right estate litigation lawyer is experienced in estate planning, trust administration, and trust litigation .

Experienced Trust and Estate Litigation Attorneys

Hess Verdon is in Newport Beach. We have 30 years’ experience in estate planning law. We have helped many clients protect their estate, grow their estate, and pass it down to their loved ones through various legal instruments.

Our lawyers can help you administer or contest a will. We also have expertise in business law and elder abuse law. Expect personalized services that put you in control. Request a no-obligation case assessment

What An Executor Of An Estate Can And Cannot Do

What an Executor of an Estate Can and Cannot Do

What an Executor Cannot Do An executor must adhere to the will's instructions and cannot alter asset distribution or modify beneficiaries. They are obligated to notify and communicate with all heirs and beneficiaries. Any deviation can lead to legal consequences....

Trustee & Co-Trustee Not Getting Along