Types of Trust Litigations. A trustee like an executor owes a supreme duty of loyalty to the beneficiaries of the trust and may be forced to litigate to protect the beneficiaries from erroneous or doubtful claims. Using Trust assets to pay for attorneys fees that were incurred by the actions of the Trustee. Trust & Estate Litigation. All "trust attorney" results in Orange County, California. As a result, many inheritance disputes involve trust disputes and lead to Trust Litigation lawsuits. We invite you to contact us today. Scott also has vast experience in probate and trust administration, trust and probate litigation, and the structure and formation of nonprofit ncentration.
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. 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. If you are an executor or trustee or considering becoming a fiduciary, you should have legal representation to protect yourself from personal liability. 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. Scott has over 20 years of experience in tax, trust and estate matters and business planning for high net-worth individuals and business entities seeking to minimize their global, Federal and California state taxes. Orange County Probate Lawyer / Orange County Probate Attorney. Wealth-transfer planning to mitigate estate and gift tax. If you are a beneficiary of an estate or trust your rights are set forth by statute and/or may be specified by the Will or Trust instrument. 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. A trust may have been created or amended by an elderly parent who lacked the necessary capacity to make decisions. When beneficiaries are kept in the dark about a Trustee's actions, they usually assume the worst. In rare cases these claims may involve continuation of litigation which existed between the third party and the decedent prior to passing. Estate and Trust Litigation.
Trust litigation can be a confusing matter without a trusted estate planning attorney, as the laws associated with this type of litigation are often complex and can be difficult for a novice to comprehend and act upon. 2601 Main St, Suite 1200. Your attorney will be available to you directly and you will not be forced to call a secretary or paralegal with your questions. Above all an executor owes a duty of loyalty to the beneficiaries of an estate and must ensure that all beneficiaries are equally protected. The knowledge and experience of the attorney representing you in a trust contest can make a difference in the outcome. Trust and probate administration.
Advise your beneficiaries of your actions, Seek their approval of those actions, and. 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")). What are some popular services for wills, trusts, & probates? You have to have legal standing to pursue a trust contest and challenge the terms of the trust. WHY USE THE LAW OFFICES OF W. BAILEY SMITH FOR TRUST LITIGATION? A beneficiary also has a right to get information about the beneficiary's interests in the trust. Trust litigation also involves a trustee being sued by a third party claimant or a beneficiary.
Related Talk Topics. You will have direct access to the attorney who will be handling your case throughout your estate planning or litigation matter. Please call (949) 833-8891 for your complimentary consultation today. It is known as trust contests. Call us for a free review of your current situation. Using Trust assets for the Trustee's own interest.
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