Trust and estate administration are already complex processes. In contentious circumstances, disputes can happen over a trust. Often, this can lead to trust and estate litigation filed by trustees, beneficiaries, family members, heirs, and sometimes creditors. If you are a beneficiary who believes a trust is invalid or was mishandled by a trustee, you should work with an estate and trust litigation attorney. If you want to ensure your interests are represented in the misuse of a trust or estate, you need legal representation.
At Ross Law Group, APC, our attorneys have more than 21 years of experience in trial cases. We have defended the rights of those in trust and estate contests, trustee removal, and other matters of probate. We know how to guide you through this process and ensure that you understand your options.
When you suspect a breach of fiduciary duty by a trustee or a trust that was created through illegal means, it can be exceptionally upsetting, particularly as you are likely dealing with the loss of a loved one. You need an attorney who understands the intricacies of California probate and estate law. It is beneficial to also hire one with experience in both mediation resolutions and taking cases to litigation.
A trust is a way to transfer property and assets to beneficiaries after a person’s death. Trusts can be set up by a person before their death to distribute assets. They are a common part of an estate plan. If there is no trust to delegate the assets of an estate, the estate will enter probate court.
Probate is a lengthy and costly process for loved ones. This is why many people, especially those with high assets, create trusts to avoid probate. You can place your assets in a trust managed by a trustee rather than under your name. When you pass, that trustee can manage the assets and provide them to your beneficiaries. If you die without an estate plan, probate and estate litigation are the next steps for your assets.
However, even creating an in-depth estate plan and trust cannot always keep assets out of litigation. If there is a disagreement between family members or beneficiaries about how the assets were distributed, this may lead to litigation. If beneficiaries believe the trustee violated their duties as manager of the estate, they may sue the trustee in trust litigation.
Trust and estate litigation occurs whenever a trust dispute goes to court. This includes suspected mishandling of a trust or disputes over the trust’s validity. Trust litigation is meant to right any wrongs that were caused and ensure the trust is carried out as intended. The common disputes in trust and estate litigation include:
Whether a dispute is valid or not, it could result in litigation. When you work with an attorney, you can defend your interests in a trust or estate issue.
When you have already lost a loved one and are faced with the mistakes or irresponsibility of a trustee, it is useful to take some of that stress away. A trust litigation attorney can handle the complex legal aspects of a trust litigation claim, including, among other services:
It is essential to have effective legal counsel at your side during this complex time.
If you think you are in need of trust litigation or are already involved in litigation, be sure to contact Ross Law Group, APC. The sooner you begin working with an experienced estate litigation lawyer, the more likely we are to reach a beneficial outcome.