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.
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.
A trust litigation attorney helps people resolve disputes that arise around trusts. Their job is to represent clients when there are issues with how a trust is being handled, who gets what, or even whether the trust is valid. Here’s what they typically do:
In short, a trust litigation attorney helps make sure that trusts are handled fairly and according to the wishes of the decedent, protecting their client’s interests and rights in the process.
Here are some additional ways a trust litigation attorney may be able to help with a dispute:
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.
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.
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.
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.
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.
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.
Our probate attorneys focus on all types of trust and estate disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
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.
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.
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 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 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 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.
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.
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.
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.
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.
Answers to common questions about trust litigation, helping you better understand your rights and the legal processes involved in protecting your interests.
A lawyer is anyone who has been trained in and practices law. Lawyers can focus on various areas of law, such as trusts, wills, and estates. They provide legal advice and draft legal documents, such as creating a will or a trust.
On the other hand, a litigator is a type of lawyer who is experienced in representing clients in court proceedings, also known as litigation. Litigators handle all aspects of the litigation process, including pre-trial motions, hearings, trials, and appeals.
While all litigators are lawyers, not all lawyers are litigators, as many lawyers work primarily outside the courtroom, focusing on transactional work or other non-litigation matters.
Simply put, a trust lawyer creates trusts and other estate planning documents and advises families on simple questions, but when disputes and issues arise about the execution of trusts or trust assets, you should consult a qualified trust litigation attorney.
The goals and objectives of the creator can influence the assets included in the trust. While assets vary from trust to trust, some of the most common assets we see at RMO Lawyers are:
Generally speaking, a trustee is responsible for managing assets on behalf of beneficiaries. Their duties usually involve prioritizing the beneficiaries’ interests, handling assets carefully, avoiding conflicts of interest, maintaining accurate records, and staying in touch with beneficiaries.
More specific duties outlined by Probate Code 1600, the California Code a majority of our clients are bound by, include:
A breach of fiduciary duty occurs when a trustee fails to fulfill their obligations, such as mismanaging assets, acting in their interest rather than the beneficiaries, or neglecting their duties outlined in the trust agreement. This is one of the most common reasons for hiring a trust litigation attorney like those at RMO. We both pursue breach claims on behalf of the beneficiaries and defend fiduciaries in these claims to ensure the decedent’s final wishes are carried out.
A trust litigator and a probate litigator are both legal professionals who specialize in resolving disputes related to trusts and estates, but they differ. A probate litigator gets involved when an estate has a will or no will and passes through the probate court. A trust litigator is involved in disputes where a trust was created, which typically do not go through probate court.
A grantor may change a family trust during their lifetime by either changing their will (testamentary trusts) or changing, amending, or restating the trust. Typically, once the grantor passes away or becomes incapacitated, the trust will become irrevocable and cannot be modified. If a will or trust was changed due to undue influence or duress, it can be deemed invalid.
Undue influence means that a third party compelled or coerced the testator or grantor to change their trust. The influencer must exert an extreme level of pressure that overcomes the testator or grantor’s free will. Duress is a specific type of undue influence where the influencer uses physical force or threatens physical violence.
If you were a named beneficiary and a trust was changed so that you were no longer included as a beneficiary, contact a trust litigation attorney at RMO Lawyers to ensure no wrongdoing took place.
Insights and advice on trust litigation from our blog.
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