A skilled trust litigation attorney can lessen the burden and help you reach a favorable resolution to your trust dispute. California law includes protections for spouses and children who are inadvertently omitted as beneficiaries from a decedent's trust. Trust Litigation Assistance in Southern California. With 50 years of combined experience, we've handled cases of all types and can confidently help you. It was very reassuring to know we had Hila in our corner and getting things done. Trustees can bring actions against trust beneficiaries or third parties, regardless of whether the trustor is alive or deceased. Spanish language services are available. Whether you are engaged in an estate dispute or are seeking representation for creating or updating an estate plan, our attorneys are here to provide you with knowledgeable advice and advocacy. Significantly, undue influence doesn't necessarily go hand in hand with lack of mental capacity; one can be unduly influenced while still retaining capacity. The initial call is free and if an in-office meeting is scheduled, that too is free of charge. Set up your initial consultation today by contacting our offices or by using the online form below. Usually, this is done with a legal document such as a trust agreement or a declaration of trust for living trusts, or a last will and testament for testamentary trusts. Agreement of the trustee to hold the assets (money and/or property) for the benefit of someone else. Irrevocable trusts are often used for gift tax and long-term care planning.
Trust Litigation Attorney Orange County
We are experienced litigators. Trust litigation becomes necessary when disputes arise during the trust administration process, or any time there is an issue with a trustee or beneficiary's actions. A trust litigation attorney can provide guidance on the type of financial exploitation claim to bring. While a will contest or trust contest can be a stressful experience for people who have recently lost a loved one and are now finding themselves on opposite sides of a dispute, it is important to clarify the intentions of the deceased person, and it is our experience that most estate litigation can be resolved before trial.
Will And Trust Attorneys Near Me
There can be multiple beneficiaries. If you are the acting trustee of a trust, and another interested party brings a trust contest, you may be obligated to defend the validity of the trust document. We'll answer these questions and more in the following guide to trust litigation. Call us today at (949) 371-5003 to schedule an appointment regarding your matter, or contact us through our website here.
Trust Litigation California
Offers Video Conferencing Video Conf Probate and Estate Planning. Learn more about Keystone Law Group below. Proceedings to Determine Entitlement to Estate or Trust Distribution. Orange County Probate Legal Aid & Pro Bono Services. These kinds of Trust litigation matters happen regularly and it is important to have a skilled attorney review the matter and explain the options.
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Trusts are often established prior to a trustor's death to provide an alternative to wills and to avoid the cost of probate court. Your Trust concerns will be carefully reviewed and you will be advised as to the best course of action. Some common examples of undue influence are when a family member, friend or caregiver convinces an elderly adult to change a trust or will in his/her favor or when a financial power of attorney mishandles the financial affairs of a senior, taking assets out of the elder's estate and putting them in the individual's own name. Today in private practice, Mr. Kelly specializes in the complexities of probate, trust and property law. A trustee may be removed by a co-trustee or beneficiary for various reasons, the most common of which include: (1) where the trustee has committed a breach of the trust, (2) where the trustee is insolvent or otherwise unfit to administer the trust; (3) where hostility or lack of cooperation among co-trustees impairs the administration of the trust; (4) where the trustee fails or declines to act; and also (5) where the trustee's compensation is excessive under the circumstances. If you are in the process of drafting a trust document, contesting a trustee's actions, or contesting a beneficiary's actions, do not hesitate to contact the attorneys of Boyd Law. Our experience in routine drafting and trust administration results in our litigation attorneys being especially skillful and knowledgeable in trust litigation scenarios. Financial Elder Abuse and Undue Influence Litigation. The influencer's conduct, evidence of which may include: "(a) Controlling necessaries of life, medication, the victim's interactions with others, access to information, or sleep; (b) Use of affection, intimidation, or coercion; (c) Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes. "How much do your services cost? " Trusts ensure trust assets are distributed according to the wishes of the trustor. Contested powers of attorney. 3917 or contact us online to schedule an appointment.
Trust Litigation Attorney Orange County Government
This process involves the preparation and execution of conveyance documents to the trust's named beneficiaries. However, the lack of court oversight can quickly lead to issues. Trust lawyers fulfill a variety of roles in Orange County, California. How many cases like mine have you handled? Contact the Kelly Law Firm, Orange County, Los Angeles, and Long Beach Trust Litigation and Probate litigation attorneys at (562) 799-5595 for a free consultation. Contact Us For A Complimentary Initial Consultation.
Trust Litigation Attorney Orange County Public
Regardless of whether you are a trustee, beneficiary, or heir, the trust lawyers at Keystone Law Group will enforce your rights and resolve any trust disputes that arise. In other cases, an appointed trustee may not be performing his or her duties, causing beneficiaries to become unsatisfied and requiring the court to intervene so the trust is enforced. Click here to book your free 15-minute virtual consultation to get started. Daniel E. Katz is one of our noted attorneys who focuses 100% of his practice on litigation, and represents clients involved in trust and probate disputes. Trustees who fall under this category have to make sure not to put their interests above those of other beneficiaries, as trustees owe fiduciary duties to all of the trust's beneficiaries and have a legal obligation to remain impartial. For additional information on how an experienced trust attorney in Orange County can help you, please contact us today. You can expect to make court appearances, hold depositions, and be responsible for discovery.
Legal Settlement
Although money shouldn't be the sole factor you consider when choosing a family trust lawyer, it's important to determine a prospective attorney's fee structure during your initial consultation. This can be a lengthy and complex process, especially if many assets have to be accounted for. Has the lawyer worked on other cases similar to yours? So, before you hire an attorney, you must ensure that you understand the cost and payment structure. The death of a family member or friend can be confusing, overwhelming and emotional. Countless types of trust property disputes can arise over the course of trust administration. A Professional Corporation.
Spouses mishandling community property and breach of fiduciary duty claims between spouses: When one spouse gives away community assets without the other spouse's knowledge or consent, breach of fiduciary duty and community property claims may be brought, potentially undoing pay-on-death designations, transfers of real property or using federal law to revert an ERISA protected plan to the surviving spouse. We are in the business of helping families just like yours plan for the future in the most sensible and beneficial ways possible, and we are proud to have been successful in that effort. With our skilled trial attorneys. Trustees and executors under fire. We regularly represent Trustees that have made mistakes, big and small.
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