Southern California Estate Litigation and Probate Lawyers. Our knowledgeable and courteous staff work hard so that you don't have to. When people do not create a living trust or an estate plan before they pass away, their assets may go through the probate process. 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. Below are some examples in which an 850 Petition may be filed. I was lucky to have Verlan on my side. There are typically a handful of players when it comes to trust litigation. Defense of trustees. How long has the lawyer been in practice? A trust attorney in Orange County can assist trustees with every aspect of the trust administration process. Dana Heyde has solid knowledge of Estate and Trust issues and I am very pleased with the quality of work performed on my behalf.
Be sure to choose an attorney with years of trust administration experience. In these scenarios, having an experienced attorney who can carefully. In addition, a trustor who creates an irrevocable trust cannot remove assets from the trust once they are placed in the trust. Although it may not seem like it, as a beneficiary, you have many rights with regard to the Trust. We focus on providing boutique like service to our clients that larger firms are unable to provide. When an individual creates a trust, he gives power over the trust assets to a person called the trustee. The initial call is free and if an in-office meeting is scheduled, that too is free of charge. Our attorneys are skilled in the financial and legal strategies families and individuals implement to hand down their estate, including a business, while reducing their tax burden to the greatest extent possible. OC Elder Law, our trust litigation attorneys in Fullerton and Bellevue have extensive. While the types of trust property disputes can vary greatly, they usually fall under one of the below categories: If someone unlawfully takes a trustor's assets while the trustor is alive, it does not mean they will be off the hook once the trustor dies. From start to finish of my already challenging trust situation, they have provided me with nothing but great service. Wills and Trusts play an important role in estate planning and can provided financial relief to your family through mitigating court costs. At RMO Lawyers, we investigate, prosecute and defend these claims every day….
Board Certified Specialization in Probate & Trust Litigation. "As I began to manage my sister's and her husband's Living Trust, I knew I would need a qualified firm with the proper Trust and Probate credentials. Decisions for you and your family. Our estate lawyers hold experience with estate planning that is specifically designed to reduce or eliminate estate and gift taxes, utilizing life insurance trusts, qualified personal residence trusts, charitable remainder trusts, family limited partnerships and other vehicles. Out lawyers take into account each of our clients' circumstances in order to create the best-performing and most appropriate estate planning strategy. Whether it is characterized as financial elder abuse, or simply undue influence, the result is the same, your loved ones changed or created a Trust or Will that was not the product of their wishes, but those of someone else.
Spanish language services are available. What are the next steps? A beneficiary is named to benefit from the trust. Breach of a fiduciary duty, including trustee failure to correctly determine the value of assets. Aggressive Representation. Contested powers of attorney. 3 sick leave days a year. We also assist clients in legally expressing their wishes regarding life prolonging medical treatments should they become incapacited, and provide legal services for special needs trusts, which help to maintain continued government benefits for an heir who has a disability. Offers Video Conferencing Video Conf Probate, Divorce, Domestic Violence and Family. Some of the more common grounds for bringing a trust contest are discussed below. Violation of the terms listed in the trust or under California's probate laws regarding trust administration could be grounds for a dispute and therefore require trust litigation. If the trust does not provide any directives, unless the assets of the trust are at stake, it may not be in the trustee's best interests to get involved.
Typically, litigation is required when there is a dispute over how the. Often this gives rise to disputes of two types: One dispute is over whether the trust was properly created. A trust attorney can help spouses and children secure their inheritance rights, even if they are not named as beneficiaries of a trust. A will or trust may be challenged for a lack of capacity if it is determined that, at the time the person executed the instrument, he or she did not have sufficient mental capacity to make fully informed decisions concerning the distribution of their estate. At the Gostanian Law Group, we advise trustees, executors and beneficiaries with probate disputes such as: - Trust contests and will contests: If you believe a loved one did not have the capacity to execute their estate documents or that someone influenced them to make changes, you may need to contest those documents to ensure that the decedent's true wishes are carried out. The attorney who drafted the trust may not be a litigator and may not have ever set foot in court.
Our firm is available for evening and weekend appointments, operates four offices to better serve clients, charges reasonable and competitive rates, and accepts credit cards. Even for the most knowledgeable Trustee, there are times where litigation is inevitable. Contact us now to find out how the process of removal works and how we can protect your rights. We make sure that our clients understand costs, risks and potential gains or losses associated with negotiations, mediation or litigation. If you are a trustee, we are here to assist you in your role to ensure that you perform your duties in a manner that meets all legal requirements. Beneficiary disputes, and more. Probate lawsuits should be a last resort.
Priscilla Ann Madrid. The two most common types of estate-related disputes we encounter are will contests and trust disputes. In your favor and build a strong case on your behalf to ensure that the. If one hasn't, and the trust does not provide a procedure for appointing a successor trustee, you may need to appoint a new trustee and obtain court approval to allow for your resignation. California Welfare and Institutions Code sections 15610. Wills and trusts may be challenged on a variety of legal grounds, including: - Proper Execution: A will must be properly executed.
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