We invite you to contact us today. How Can I Contest a Trust in California? Estate & Trust Litigation Overview: Typically, in estate ligation the executor of an estate will be faced with claims against the estate's property made by third parties who are not beneficiaries of the estate. This is a review for a wills, trusts, & probates business in Orange County, CA: "We contacted Nicole Newman as we were very dissatisfied with our prior trust attorney. A trustee's fiduciary duties are typically similar to the those of an executor but may differ according to statutes or the terms specified by the trust instrument. A beneficiary has a right to be notified of the existence of a trust and to receive a copy of the trust. Trustee Surcharge Litigation. Trust Accounting Litigation. All "trust attorney" results in Orange County, California. Trust litigation also involves a trustee being sued by a third party claimant or a beneficiary. The knowledge and experience of the attorney representing you in a trust contest can make a difference in the outcome. They really suck in the grey areas of the law.
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Orange County Trust Administration. Related Talk Topics. A beneficiary who is disinherited or disadvantaged under the terms of the trust may contest a trust. The fiduciary duties of an executor include the requirements a) to provide timely information to the beneficiaries, b) to manage the estate assets in a prudent manner, c) to evaluate the legal requirements for making payments out of the estate's funds and d) to refrain from acting if there is a conflicting interest. Get a fast responseSponsoredWills, Trusts, & Probates, Estate Planning LawResponds in about 30 minutesEstate Planning Law, General Litigation, Bankruptcy LawResponds in about 30 minutes. Orange County Estate Planning.
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In fulfilling the executor's duty of loyalty, they must ensure that the lawful terms set forth in the Will are carried out exactly as specified in the Will. Our years of experience help us try our best to make your estate plans rigorous and withstand your wishes even in the face of a challenge. You will have direct access to the attorney who will be handling your case throughout your estate planning or litigation matter. Call us for a free review of your current situation. Please call (949) 833-8891 for your complimentary consultation today. Creditor claims may also be a common cause of trust litigation, as well as other family members who may feel they are entitled to part or all of a trust.
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At Walker Law Corporation, we provide zealous representation in a caring individualized manner. Protecting your trust from negligent trustees or from overzealous opportunists is absolutely critical, especially for those who depend on their trust to maintain their lifestyle. Whether you are the executor of an estate, a trustee, a beneficiary or a third-party claimant you will need representation to be successful in any estate or trust litigation. Above all an executor owes a duty of loyalty to the beneficiaries of an estate and must ensure that all beneficiaries are equally protected. Executor's are often sued based on the beneficiaries claim(s) that the executor breached their fiduciary duty(s). Estate and Trust Litigation. Using Trust assets to pay for attorneys fees that were incurred by the actions of the Trustee. Trust & Estate Litigation.
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They also represent fiduciaries and beneficiaries in proceedings to remove an executor or trustee, to terminate a trust, and to reform or modify the terms of a trust. Types of Trust Litigations. If you believe that an executor or trustee is not administering the estate or trust in a lawful manner or has made a financially harmful error or omission you have options to enforce your rights and should contact Walker Law Corporation immediately. Our attorneys in this practice area routinely handle will contests, allegations of fraud and breach of fiduciary obligations, and accounting proceedings. Failing to properly invest the Trust assets. Our goal is to resolve any dispute without going to court, but if you need help we can represent you. California's laws governing trusts are complicated. Wealth-transfer planning to mitigate estate and gift tax.
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Trusts are frequently used by families as part of estate planning for parents to convey their assets to children and avoid the California probate process. In rare cases these claims may involve continuation of litigation which existed between the third party and the decedent prior to passing. If you are an executor or trustee or considering becoming a fiduciary, you should have legal representation to protect yourself from personal liability. Beneficiaries often pursue litigation in an effort to acquire their full legal rights of a trust, or to protect the assets from creditors who may seek to make a claim against your trust. Individual and business tax planning, including mitigation strategies and reduction of California income tax (formation of incomplete nongrantor trusts ("ING") and Spousal Lifetime Access Nongrantor Trusts ("SLANTs")).
We highly recommend Newman Law Group. Nicole was very thorough and drew us graphs on the chalkboard illustrating how our trust would work after our passing.
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