Trust Litigation Attorneys | California & Texas | RMO Lawyers

TRUST LITIGATION ATTORNEYS

We represent trustees, beneficiaries, and heirs in cases involving trust contest, a disputed trust amendment, claims of breach of fiduciary duty, trust accounting, fiduciary misconduct and fraud, trustee theft, investment mismanagement, waste financial elder abuse, incapacity, and undue influence.

What is Trust Litigation?

Trust litigation refers to legal disputes or conflicts involving trusts. A trust is a legal arrangement where one party, the trustor, gives another party, the trustee, the right to hold assets or property for the benefit of a third party (the beneficiary). 

Trust litigation can arise for various reasons, such as disputes over the interpretation of the trust document, disagreements among beneficiaries, allegations of trustee misconduct or breach of fiduciary duty, challenges to the validity of the trust, or claims of undue influence or coercion in creating or amending the trust.

Trust litigation can be complex and may involve various legal issues, including contract law, property law, fiduciary duty, and sometimes even aspects of family law or estate planning. Trust disputes often require skilled legal representation and may be resolved through negotiation, mediation, arbitration, or litigation in court. 

The outcome of trust litigation can have significant implications for the parties involved and the administration of the trust assets.

What Does a Trust Litigation Attorney Do?

The trust administration process is complex, from managing disputes to fulfilling the wishes of the trust’s creator. The legal and personal challenges after the loss of a loved one can bring disputes that complicate the distribution of the estate.

Legal expertise from an experienced trust litigation attorney can make all the difference in supporting beneficiaries and trustees in these disputes and many different matters surrounding a trust.

To protect yourself as a trustee, you should work with an experienced trust attorney to ensure you are discharging your legal duties.

Interpreting the Trust

A clear and precise interpretation of the trust from the start of the process will minimize the risk of disputes and conflicts among beneficiaries. Our team will ensure clarity and understanding of the deceased’s intentions so that beneficiaries receive a fair and justified distribution.

Carrying Out Financial Obligations

Trust litigation lawyers provide invaluable support in ensuring the financial obligations designated in the trust are distributed appropriately. We’ll guide you in the right direction for managing and executing the financial responsibilities outlined by the trust so that it maintains compliance with both legal requirements and the wishes of the deceased.

 Litigating

When disputes arise, litigation may be the only option. We provide support to clients in legal proceedings to help you resolve trust-related disputes and receive the best possible outcome. Whether in the courtroom, through direct negotiations, or through alternative resolution methods like mediation or arbitration, we’re here to guide you every step of the way.
 

Selling Property and Making Other Important Decisions

Property can be a complicated factor during the trust administration process, and determining how to properly manage property assets of the deceased can be a source of conflict. We assist in the decision-making process related to property transactions and will resolve disputes to protect the interests of the trust and its beneficiaries.
 

Protecting Yourself Against Liabilities

Trustees and other parties run the risk of liability when distributing assets from a trust. A trust litigation attorney protects clients throughout the process by ensuring they adhere to laws and regulations during the administration of the trust. Our lawyers at RMO take proactive strategies and offer thorough guidance to mitigate risks and protect client interests.
 

Making Distributions

Ensuring smooth trust distributions in line with the deceased’s wishes can, at times, be easier said than done. We’ll oversee fair and lawful distributions from the trust to its beneficiaries. We’ll take the appropriate steps to ensure a smooth transfer of assets and avoid disputes whenever possible.

Common Trust Litigation Disputes

Trust litigation can result in a variety of potential disputes, from trust theft to misinterpretations of decedent interests. At RMO, we have experience dealing with a range of disagreements and challenges and a proven track record of assisting clients in navigating trust litigation disputes. We handle all of the following disputes and more.

Trust Theft & Misappropriation

Trust theft and misappropriation refer to a trustee or other party’s illegal or unauthorized use of trust assets. We’ll defend families and beneficiaries against trust theft from trustees ensuring their rightful distributions as intended by the deceased without disruptions to the process.

Trust Fraud

Trust fraud disputes can occur when a trustee or executor provides false information, conceals assets, or misrepresents facts related to the trust or estate. Our lawyers will assist in identifying and addressing fraudulent activities to protect the intentions of the trust and interests of the beneficiaries.

Trust Administration

Many complexities can arise in the administration of a trust, often surrounding disagreements regarding the execution of a trust’s desired terms. We have extensive expertise in interpreting trust terms and resolving trust administration disputes to ensure the process remains in alignment with the deceased’s wishes.

Trust Accounting

Managing the accounting involved in trust administration requires a detailed process—otherwise, it can lead to discrepancies in the distribution of funds and concerns about the accuracy of accounting. We’ll support you by meticulously examining financial records, rectifying errors, and ensuring transparent and accurate reporting of trust assets and distributions.

Trust Petitions

A trust petition is typically the first step to bringing the trust into the court system and placing it under the supervision of the probate court. In some circumstances, like disputes over trust terms or concerns surrounding trustees, beneficiaries or interested parties may file petitions related to the trust in search of legal intervention.

We support clients in handling the trust petition process, including steps from initiating legal action to responding effectively to protect client interests. Some common petitions are Petitions for Instructions to provide clarity and direction and Petitions to Approve Acts to urge a trustee to take action.

Trust Amendment & Distribution Disputes

Trust amendment and distribution disputes arise when parties experience conflict surrounding amendments to the original trust document or disagree over asset distribution. We guide clients in navigating complex legal nuances, ensuring equitable trust distribution, and addressing disputes from trust amendments.

Trustee Removal, Suspension, Resignation

In some proceedings, conflicts may arise that require action against a trustee and may even include prompt removal, suspension, termination, or resignation. RMO Lawyers can provide support on both sides of these disputes to protect the integrity of the trust and the deceased’s intentions.

Breach of Fiduciary Duty

Trustees are responsible for ensuring a trust is administrated under the wishes of the deceased as laid out by the trust. Failures can arise when the trustee mismanages assets, fails to communicate adequately, or fails to distribute income appropriately.

Beneficiaries have a right to file a dispute for the sake of receiving their outlined allocations. Our trust litigation attorneys identify potential breaches, hold trustees accountable, and seek appropriate remedies to rectify the impact on the trust.

Trust Dementia, Incapacity & Undue Influence Claims

In trust administration, disputes can arise due to concerns about mental capacity, dementia, or undue influence on individuals during the creation or modification of a trust. We have expertise in handling these sensitive cases and can offer legal avenues to address claims surrounding mental incapacity and undue influence.

Elder Financial Abuse & Exploitation Claim

Unfortunately, circumstances can arise where parties utilize the trust administration process to exploit elderly individuals for financial gain. Our attorneys are committed to protecting vulnerable individuals throughout the process, which can include pursuing legal action against perpetrators and helping to safeguard a trust’s assets.

When Should I Contact A Trust Litigation Attorney?

The best way to protect yourself is to contact a probate lawyer or trust attorney as soon as you consent to serve as trustee. An experienced trust lawyer can help you ensure you fulfill your legal obligations and avoid taking actions that could subject you to personal liability.

Even if you didn’t retain an attorney when you began serving as trustee, a trust litigation lawyer can help you at any time an issue arises. If you’ve been accused of wrongdoing such as breach of trust, you should contact a trust litigation attorney as soon as possible to discuss your options and, possibly, avoid or at least manage your potential liability.

Who Can Hire a Trust Litigation Attorney?

The trust administration process often involves several parties, and many can benefit from a trust litigation attorney depending on the circumstances. 

At RMO, we support clients in the following areas of trust litigation to provide legal guidance in the process, ensure proper management of responsibilities under the law, and oversee a fair distribution of assets while preserving the wishes of the deceased.

TRUSTEES

Trustees are integral to the trust administration process. Our trust litigation lawyers can assist trustees in interpreting and understanding their duties as well as navigating legal obligations. We provide support to trustees in guiding them through legal complexities, ensuring they meet fiduciary duties, and defending against potential disputes.

BENEFICIARIES OR HEIRS

Beneficiaries and heirs have specified rights as outlined by a trust. However, navigating the process after the loss of a loved one can be overwhelming. RMO provides representation for beneficiaries and heirs in distribution disputes, contesting amendments, and safeguarding their interests so they can receive the assets that are meant for them.

SPOUSES

Spouses have specific rights in trust litigation, like spousal elective shares, property petitions, and family allowances. A trust litigation attorney can assist in understanding and navigating these rights. We support spouses in areas like spousal claims, representation in trust litigation, and resolution of other disputes affecting spousal interests.

CREDITORS

A creditor is anyone who is owed money by a decedent at the time of their death. Creditors must act to assert their claim within a specified time limit. If you are owed money by someone who has passed, we can help you recover it. We’ll also assist in navigating creditor claims during the process by negotiating settlements, resolving disputes over debt repayment, and protecting the estate’s assets.

CONSERVATORS/GUARDIANS

If you are a conservator or guardian and your conservatee or ward has passed, legal representation may be helpful in resolving disputes between you and trustees or beneficiaries. At RMO, we’ll guide you through the process, with expertise providing legal support for protected individuals, resolving disputes involving their assets, and ensuring proper trust administration for the sake of protecting the individual’s best interests.

SCHEDULE A FREE CONSULTATION

Schedule your free consultation here and we’ll contact you at your convenience.

Communication Disclaimer

Please note that communications by you to RMO LLP or any of its lawyers through this website do not create an attorney-client relationship between you and the firm. Do not send any privileged or confidential information to the firm through this website or otherwise until instructed in writing from us to do so. 

Learn More

Do I Need a Lawyer As a Trustee?

While you are not legally required to retain a lawyer to accomplish many of your fiduciary duties as trustee, working with a trust attorney is generally a good idea for professional and family/friend trustees alike, particularly if you have not administered a trust before or you’re unfamiliar with a specific trust or some of its …

How Much Should a Trustee Be Paid in Fees?

Trustees are tasked with the trying —and often thankless— job of managing trust assets to benefit the trust’s beneficiaries. In exchange for their services, California Probate Code §15681 allows trustees to receive “reasonable compensation.” However, if the trust document itself specifies different pay arrangements, then under Probate Code §15680, trustees are legally entitled to be compensated according to the terms of the trust.

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