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 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 will executor or trustee failing to account to the beneficiaries
In these simulative cases, a beneficiary needs an estate litigation attorney to sue the will executor or trustee and remove them.
You have an even stronger case if:
· 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:
· Co-trustee is living in an estate owned by the Trust without paying rent
· Co-trustee has a conflict of interest that could push him/her to act in a way that goes against the wishes of the descendent
· The trustee mixes their personal finances with the estate in the Trust
· Mental incapacity or financial insolvency of a trustee
These are examples of cases when a co-trustee must legally protect themselves from the fellow trustee’s actions. 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 and can offer professional that guarantees a better outcome for you.
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 free limited-time no-obligation case assessment
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Trust & Probate Litigation Lawyers
Are you looking for a trust litigation lawyer in the Orange County 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
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Trust Litigation Overview
- Can a Trustee sell trust property
- Do Trustees get paid
- Can a Trustee remove a beneficiary
- Contesting a Trust
With over thirty years of experience in successfully handling all types of trust and estate cases, we can rightfully say that we are the best trust litigation attorneys in Orange County. Here at Hess-Verdon &Associates, we are known for our aggressive legal representation, which has helped us obtain our clients’ best outcomes. Our experienced and knowledgeable staff works hard to enforce the rights of a trustee. Let us make your job a bit easier.
Contact us today to discuss your trust litigation case.
Are you looking for a trust attorney in the Newport Beach 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.
With over 30+ years of law, 3000+ clients throughout our tenure,
you can receive in-depth legal counsel today.
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