At our firm, we provide legal strategies that are tailored to our clients' individual needs. Trust should be interpreted, which can lead to a lengthy litigation process. A successor trustee has to prepare the proper notices, gather and prepare full accountings of the trust's income, assets, and debts, appraise assets, prepare and file tax returns, and hold or distribute the trust property according to the terms of the trust. Almost always, you were chosen as Trustee because your loved ones believed you were the right person for the job. In California, the Elder Abuse and Dependent Adult Civil Protection Act allows a civil tort lawsuit against the perpetrator of financial elder abuse against a person or entity who has wrongfully taken, concealed, or disposed of property of an elder or a dependent adult with the intent to defraud. If your estate-related legal concern is not listed here, please bring it to our attention. There are typically a handful of players when it comes to trust litigation. In 1980, prior to having any grandchildren, the client's grandfather created six (6) separate irrevocable trusts that were, by and large, identical to one another. At Morgan Law Group, we understand the duties required of trustees, and we are here to provide trustees with the guidance necessary to ensure that all trust assets are handled and distributed in accordance with the terms of the trust. Regardless of whether it is interpreting a trust document, managing trust assets, providing disbursements to beneficiaries or bringing a trust contest, our trust dispute attorneys can help simplify the trust litigation process. Trustees have a fiduciary duty to trust beneficiaries. Trust litigation attorney orange county sheriff. My attorney Dana was professional yet tough when she needed to be.
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The probate courts operate under unique legal standards and procedures, so you should have an experienced lawyer if you are going to enter into estate litigation. Petitions to return assets to trust (Heggstad Petition): If a trust creator intended to include an asset to be distributed as part of their trust, but failed to properly title that asset in trust, you may still be able to avoid probate by filing a petition known as a Heggstad Petition, which confirms the trust creator's intent to include such asset as part of their trust. Assets with beneficiary designations can include: A trustee may be able to challenge a beneficiary designation if they believe that a "transfer-on-death" asset should be distributed as part of the trust. This experience also results in many referrals from the predominance of estate planning attorneys who do not litigate. Baker & Baker – Lawyers, is experienced in representing all manners of trust litigation clients in the Southern California area. The matter then proceeds like any other civil litigation matter, with parties completing written discovery, taking depositions, writing motions, attending hearings, and ultimately having a trial. At an early hearing, and without requiring a trial, the court ruled in Keystone's client's favor. From individual beneficiaries and heirs, to national charities, universities and other entities, our attorneys have a long and successful record on all sides of litigation. The term probate refers to a legal process in which the validity and authenticity of a will are determined. We will meet with you, listen carefully to your story, review your documents and advise you of what to expect and how we can assist you. Accident attorney orange county. The attorney who drafted the trust may not be a litigator and may not have ever set foot in court. Likewise, if the trustor had set aside trust funds for a child's college education, but the child decides not to go to college, the trustee can withhold their disbursement until they reach a certain age. Failure to distribute assets according to the trust. Some of these areas are: TLD Law handles many types of trust and estate lawsuits including elder abuse claims, trust challenges, and fiduciary accounting matters.
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The Law Offices of George B. Piggott provides quality legal representation in a variety of trust litigation matters, including trust mismanagement, breach of fiduciary duty and contests to the validity of trusts. Responsibilities of the Trustee. He had placed all the assets I'd worked hard for all my life into an irrevocable trust and named himself as the trustee. They are often called upon by the Trust instrument to make judgment calls over when and how assets are to be invested and distributed. However, don't allow this to be the sole factor you consider when choosing an attorney. Over our 15 years in practice, we have held trustees accountable in settlement and in trial, forcing them to reimburse stolen funds and obtaining fees and penalties. An experienced attorney will be able to guide you on how to handle any ongoing disputes. Initiating estate litigation is more often a way to make sure each party has an opportunity to pursue a fair result. Orange County Probate Lawyers | Compare Top Rated California Attorneys | Justia. If a trustee makes even one mistake, they are likely to suffer serious financial consequences. We also advise trustees and executors on their legal responsibilities in administering a trust or navigating the probate of an estate. In the field of estate planning, we prepare revocable trusts, irrevocable trusts, QTIPs, GRATs, wills, advance health care directives, and community property agreements, among other components of an estate plan.
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We also provide legal services for spousal property petitions, trust amendments, trust division upon the death of a spouse and trust funding. Is the lawyer's office conveniently located? At the law firm of Gates, Gonter, Guy, Proudfoot & Muench LLP, we have handled probate litigation for a broad range of parties, including beneficiaries, banks and trustees. Trust litigation attorney orange county public. Countless types of trust property disputes can arise over the course of trust administration. It is a relief to know that our Attorney is available if help even after our matter was complete.
Given the emotional nature of such disputes and their potential financial impact, it is critical that anyone involved in such a dispute retain highly qualified legal counsel such as Velasco Law Group. Estate, probate, and trust disputes are complicated by grief, complex family dynamics, and other strong emotions. BENEFICIARIES AND HEIRS. We are very sensitive to the issues facing all parties. Experience: There is a big difference between a trust and estate attorney who has a few months of experience and a trust lawyer who has years of experience. Often an individual creates a trust so as to avoid Probate of their assets on death. We have helped countless clients through. If they do put their personal interests above the interests of the other beneficiaries, they risk legal retaliation. Real estate-related inheritance disputes. Our office, centrally located in Irvine just off the San Diego freeway, is open weekdays from 9 a. Orange County Trust & Probate Litigation Lawyers. m. to 5:30 p. m., with weekend and evening appointments available on request.
Set up your initial consultation today by contacting our offices or by using the online form below. If you are involved in a conflict concerning a will, trust or estate, Buffington Law Firm, PC, can assist.
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