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Using a trust is an excellent way for individuals to protect their assets and designate how the funds will be distributed to their posterity after they die. In recent years, more and more people have been learning how to use these documents as part of an efficient estate plan. However, with the increased use of trusts comes difficulties with administering such complicated documents. Family members may be embroiled in fights over whether the trustor had the proper mental capacity when dividing the assets. Additionally, legal action may occur when beneficiaries feel the trustee violated their fiduciary duty.
Whatever the reason for the dispute surrounding your trust or your loved one’s estate plan, you need a trust litigation attorney who understands the California trust administration process. At Yonano Law Offices, P.C., our litigator will address your concerns and find the solutions you are looking for. Our founding attorney has been helping clients for decades, including individuals and businesses of various sizes. He has served on multiple district courts in California, giving him the know-how and experience to help with your case.
Whether you are facing issues regarding the distribution of property in a trust, need to change your trust because of divorce or remarriage, or need help contesting a living trust, you can turn to our law office for assistance. We will listen carefully to your needs and address your concerns as we find positive solutions for all family members involved. Call today to schedule a consultation at 916-894-8790
What Is a Trust?
Trusts are documents used in estate planning that give the grantor great flexibility and protection for their assets. There are many different kinds of trusts, including living trusts, revocable trusts, special needs trusts, charitable trusts, and more. To adequately assess whether fraud has taken place in your trust administration, your attorney needs to be familiar with the many forms of trusts.
Trusts allow the grantor to dictate exactly how and when their property is distributed to family members while they are alive and after their death. This can help protect beneficiaries who may be too young to accept a large sum of money right away. Trusts also offer excellent protection from creditors and predators when appropriately administered.
However, for trusts to be effective, they must be administered properly. If you feel that your loved one created the trust under duress or without the required mental capacity, you may have a case for legal action. Contact our law offices immediately for a consultation where we can address any concerns you may have.
What Are the Major Roles in Trust Administration?
For a trust to be executed properly according to California law, there are several roles that must come into play. One is the trustor or the person who created the trust. The law indicates that this person must be of sound mind and not be acting under duress. If either of these qualifications is not present, it is possible to contest the trust.
Another critical role is a trustee. This is the individual or entity named by the trust and granted the power to control the assets held in the trust. The trustee has a fiduciary duty to act in the grantor’s best interests, meaning they owe a legal obligation of the highest fidelity to this person.
One issue we commonly see in trust litigation is that a family will bring a suit against a trustee who they believe is being dishonest or who has a conflict of interest. While most trusts provide language that protects the trustee from liability in cases where they must make a judgment call, the trustee may be liable if their actions harm the trustor or go against their expressed wishes.
What Are a Trustee’s Responsibilities?
The trustee has several obligations that must be carried out when administering the trust. Their primary goal is to act in a fiduciary duty as they carry out the wishes of the trustor, or the person who created the trust. The trustee must also ensure that the funds and assets are accounted for and protected within the trust. They distribute the funds and property to each beneficiary as dictated in the terms of the trust and keep records of the transactions. They also take a complete inventory of the property held in the trust.
If you need help administering a trust as a trustee or if you need to hold an irresponsible trustee accountable for the harm they have caused, please reach out to our law firm. Our trust litigation attorney understands the complicated nature of a trustee’s role and can help determine whether fraud has taken place during the trust administration process.
What Should I Do if the Terms of a Trust Are Not Properly Executed?
A trustee who breaches their fiduciary duty may face serious legal consequences. A family who suspects an issue with the trust should contact a knowledgeable attorney right away to see what course of action they should take. Family members affected by a contested trust may need to petition the court to suspend the trustee’s powers. A full account of the trust documentation, including an inventory of the property held in the trust, may be necessary.
Reaching out to a trust litigation lawyer in El Dorado Hills, CA, is one of the best steps to take when facing trust contests or litigation issues. Your attorney will know how to identify fraud or breach of duty. They can also determine whether a trust was created under illegal circumstances, making the trust void under California law. Call Yonano Law Offices, P.C., right away to get started on your case.
When is Trust Litigation Necessary?
While every case is different, there are legal requirements that must be met for a trust to be valid in the State of California. Contesting a trust occurs when one of the critical elements is missing or if a trustee has violated their breach of duty.
Some cases where trust litigation may be necessary are:
- If another party unduly influenced the trustor, benefitting from the influence
- If the trustor, or person who created the trust, was of unsound mind, lacked mental capacity, or was under duress when the trust was created
- If the trustee committed fraud or did not perform their fiduciary duties
If you are not sure whether you should pursue legal action, please consult with a skilled trust litigation attorney who can advise you on your options. Your lawyer should be very familiar with trust administration and feel confident defending you during legal proceedings. For an experienced attorney, you can rely on, call us today at Yonano Law Offices, P.C.
How Do You Contest a Trust in California?
Whether you are a beneficiary who needs to dispute the outcome of a family member’s trust, or if you are involved in a trust in any way and believe the trustor was acting under duress or was not of sound mind, please speak with a legal professional who can help you navigate this complex matter.
The first step in legally contesting a trust in California is to file a petition in the county where the trust is being administered. Your lawyer can help you submit the right forms to ensure the process takes place promptly, meeting all the proper deadlines. The law office will also gather evidence to prove your claim, including investigating the information and witnesses involved. If the trustee is under investigation, their actions may also be examined.
For the best chances at achieving positive results when contesting a California trust, you should not go about this endeavor alone. Please rely on our expertise and knowledge when considering contesting a trust. Call us today to see how we can help.
What Is the Timeline for Contesting a California Trust?
One of the most important aspects of contesting a trust in California is meeting the deadlines involved in the process. This makes having a knowledgeable attorney on your side that much more important. Your attorney will keep track of when each document is due so your case isn’t postponed or thrown out.
When revocable trusts are administered in California, each beneficiary receives a notice that the trust has gone into effect. Once this letter is received, the individual or business has 120 days to contest the trust. Once this period is over, the entity may not challenge the trust in the future.
Once a trust has been contested, the length of time for the case to be resolved varies depending on the case’s complexity. If your family member left a trust that you feel was incomplete or is not being administered as your loved one intended, please act right away to contest the trust and find the positive solution you’re looking for.
What Can I Do to Avoid a Contested Trust?
As the trustee of a trust, your friend or loved one has placed a heavy burden on your shoulders. It is essential to administer the trust properly to avoid the legal ramifications of a contested trust. This includes following the grantor’s instructions and acting in a way that benefits everyone. You must absolutely avoid spending the money for your own personal gain or in a way that benefits you at the expense of other beneficiaries.
You should consider consulting with an attorney to ensure every step is completed appropriately. This can be confusing with the many duties that must be fulfilled, including filing paperwork, inventorying the trust assets, notifying beneficiaries of the trust administration and any legal actions that affect them, handling taxes related to the trust, and more. However, you don’t need to carry this heavy burden alone.
With a trust litigation attorney on your side, you can be sure that you are aware of all the obligations that must be fulfilled during trust administration. You will also have a professional who can defend you if a beneficiary or business contests the trust. For help preventing legal problems during the trust administration process, please get in touch with our talented legal team. We will stand by your side during this complicated legal matter and help you navigate the complex trust administration process.
How Can a Trust Litigation Attorney Help Me?
If you are struggling with issues relating to a trust, please consider reaching out to a knowledgeable trust litigation attorney. Your attorney can help with various matters, such as changing a trust due to death, divorce, or remarriage. They can help adjust which beneficiaries receive what inheritance and resolve a dispute that arises between them. A skilled trust litigation attorney will also be prepared to help your business navigate the complex process of administering or contesting a trust.
Your lawyer can help by investigating the details surrounding the creation of the trust to prove that the grantor was under duress or that their durable powers of attorney were abused. A trust litigation attorney can ensure that all of the correct petitions are filed with the proper administrations in a timely manner to avoid delays in resolving your case. Your attorney will also be a great ally if you are a trustee who wants to avoid legal issues when administering a trust.
At this challenging time, you may be feeling stressed and confused. However, you don’t need to go through this complicated process alone. Call Yonano Law Offices, P.C. for a consultation to see how our knowledgeable legal team can assist you with your trust litigation issues.
Should You Hire Our Trust Litigation Attorney?
Many individuals and businesses leave behind a trust or use living trusts to protect their assets while they are alive. However, it can be stressful when you or someone else is accused of abusing your loved one for their benefit. Contesting a trust comes with complicated financial and emotional repercussions and should be handled carefully.
If you are concerned about how a trust is being administered or believe your family member did not have the mental capacity to create the trust, you may need to take legal action. The trust litigation attorney at Yonano Law Offices, P.C. is ready to defend you and your family’s interests as we fight for a positive solution in your trust litigation matter. We handle disputes between beneficiaries and investigate the details of each case so we can find the truth behind what really happened during the trust creation.
Contesting a trust is not a legal process you should take on alone. Attorney Nicholas D. Yonano, Esq. has been helping clients like you for decades. He knows what it takes to find creative and effective solutions in probate and trust disputes. Attorney Yonano works with individuals and businesses to find settlements both in and outside the courtroom. Reach out to us today at 916-894-8790 to get started on your case and see how our talent and experience can help you!