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Do you need a Trust Litigation Attorney?
- Interpretation of the Trust
- Validity of Trust & Trust Amendments
- Lack of communication from Trustee
- Undue Influence
- Grantor/Trustor lacked Capacity
- Disputes between beneficiaries
- Misuse of Trust Funds
- Contested Accounting
Trust Conests & Fiduciary Responsibility
The Trustee has many duties and obligations to the beneficiaries of the Trust. California Law dictates “the trustee has a duty to administer the trust solely in the interest of the beneficiaries.” Trustee’s have significant responsibility. A trustee When a trustee fails to fulfill their duties – or the beneficiaries perceive that the trustee has failed their duties – a contest can ensue.
If and when a beneficiary believes the trustee is not acting in their best interest, they can hire an attorney to take action. Even if a trustee is not facing a legal proceeding, a trustee should always have an attorney to ensure they are in full compliance with the law. Bassin Law Firm has represented numerous trustees and beneficiaries, we prioritize legal resolutions that minimize litigation as much as possible and ensure the distribution of the trust property timely manner.
a Trust Contest can stem from fraud or misconduct or the appearance of fraud or misconduct on the part of the trustee.
A Trust Contsts may stem from misunderstandings and lack of communication between the trustee(s) and beneficiaries. In any case, Hiring an experienced Trust Contest Lawyer allows trustees and beneficiaries to move forward toward a resolution and distribution of trust assets.
The best trust Contest Lawyers always seek to find a balance between his or her client’s costs (both financial & emotional) and his client’s potential benefit (financial & emotional).
Examples of Trustee Misconduct include:
Failure to communicate with beneficiaries
Failure to perform Trust Administration tasks
Mismanagement of Trust Assets
Failure to pay Trust bills
Failure to provide a trust accounting
Transferring assets to non-beneficiaries
Using Trust funds for personal expenses
A trust litigation attorney is necessary when a potential for a lawsuit exists. Lawsuits arise around the following trust issues:
- Interpretation of the Trust
- Validity of Trust & Trust Amendments
- Lack of communication from Trustee
- Undue Influence
- Grantor/Trustor lacked Capacity
- Disputes between beneficiaries
- Misuse of Trust Funds
- Contested Accounting
How Can I Contest a Trust in California?
Trusts are often used by families in an estate plan for parents to convey their assets to children and avoid the California probate process. Trust contests arise from inhertiance disputes. Many trust contests arises from trusts that may have been created or amended by an elderly parent who Lacked neccsary capacity to make decisions.
You may suspect the decedents trust may have been changed to benefit one beneficiary at the expense of others. If you suspect fraud or undue influence in the creation or revisions of a trust, then contesting it in a California court is your option to fight for your inheritance. A trust contest is a legal objection to the validity of a trust. Having a trust contest attorney who understands California laws (creation and administration of trusts) is your safest choice.
How Our Trust Contest Attorneys Can Help
We have extensive litigation experience in courtrooms throughout California. The attorneys at help individuals and families in California work through disputes involving contested trusts.
Let the California trust litigation attorneys at review the details and help you plan the most effective manner to contest a trust in California. Call to reach a trust contest lawyer. You can obtain skilled legal representation without any upfront costs.
What Happens When a Trust is Contested?
A trust contest lawsuit is filed in the California probate court, it contest must state facts sufficent to make a claim to challenge the trust.
After the trust lawsuit has been filed The Bassin Law firm will move quickly to subpoena sets of relevant documents for council. These include the original estate planning documents, the medical records of the person who established the trust, and , We also subpoena financial records.
These records can show cash withdrawals by an individual who was exercising undue influence over a parent or elder and we look for medical issues such as dementia, Alzheimer’s or others that may have affected the person when the trust was created.
These types of records can provide strong evidence to help you obtain a satisfactory settlement of a trust contest. It can also be used to support your claim if the case goes to trial. If a trust contest is successful, the court will invalidate the trust or set aside a trust amendment.
A court can also remove a trustee for breach of trust, for taking excessive payments or if the individual is unfit to act as trustee.
Why Should You Contest a Trust?
Here are some situations where contesting a trust may be necessary:
- If you believe the person who created the trust was unduly pressured or coerced into creating trust. The same with making changes to the trust document. We look to assess whether the parent was vulnerable to undue influence. Also whether there was a bad actor who was trying to manipulate the parent or elder.
- If you believe that the person who created the trust (known as the settlor) was not mentally competent when he or she signed the trust. A trust is only legally valid if the person who made the trust was cognizant of what he or she was doing. Attorneys at can seek medical evidence such as a diagnosis of dementia. It is to show that an elder parent who created a trust was not competent when the trust was signed.
- Lack of capacity and undue influence are frequently cited grounds in trust contests.
- You may need to file a trust contest if you suspect fraud in the creation or administration of the trust.
- You may challenge a trust if the person who helped set up the trust (other than the settlor) will benefit from the trust.
- You may contest the trust if there were issues with how the trust document was signed or witnessed. California law has specific requirements about the signing of a trust document to make it valid.
A trust may be contested on similar grounds will contest can be challenged in California.
It’s important to read and understand the terms of the trust and talk with an experienced trust contest lawyer. If you challenge a trust on the basis of fraud, duress, lack of mental capacity, undue influence and you do not have probable cause, the chances are that you may lose your right to receive benefits from the trust, if there is a no-contest clause.