Trust And Estate Litigation

The decedent’s loved ones have to deal with the decedent’s property when he or she passes away. Did the decedent have an estate plan in the form of a Will or a Trust? This is the first question that the decedent’s family members should consider.

Trust and estate litigation is all too prevalent. Disputes and legal mistakes frequently occur because an executor, trustee, or personal representative with little or no legal expertise is ill-equipped to manage the assets of a complex trust or estate.

Santa Rosa Trust And Estate Litigation

If the decedent has a will or a trust, the provisions of the Will or Trust will determine who is entitled to the property. If the deceased died without leaving a Will or Trust, the decedent’s assets may be dispersed to family members in line with the state’s intestacy laws. Wills and trusts are handled in a variety of ways. Copies of the Will and Trust are available to the decedent’s heirs and beneficiaries.

Estate Litigation Process In California

After a person dies and leaves a will, the will is filed with the probate court by someone interested. When anyone files a petition in probate court citing an issue, the litigation process begins. Only those having a stake in the estate have the right to submit a petition challenging the administration of the estate.

The court will commence the probate litigation procedure after the petition is submitted. The individual contesting the will or the estate administration, as well as the estate executor, will both provide evidence to support their respective roles. The judge will decide on the contested issue after the litigation procedure.

Assist In Trust And Estate Litigation

Administering a trust or estate in California can be complicated by several variables, including Probate Code requirements and principles, appellate court judgments, and state and local court laws. We assist fiduciaries in trust and estate administration issues, advising them on how to deal with beneficiaries who are enraged, unrealistic, and/or uncooperative. We assist fiduciaries with issues such as trust and will interpretation, asset management, appraisal, and sale, accounting preparation and settlement, administration of discretionary distributions, and trustee fees computation. When family members or other co-trustees can’t agree on how to run a trust, we turn to the court for guidance.

Breach Of Trust Litigation

A fiduciary obligation is owed by trustees to the beneficiaries of a trust. Interested parties can file a breach of trust action against trustees who violate their fiduciary obligations. We analyze our clients’ claims extensively at Rhodes Law and pursue trust litigation for the following sorts of trust breaches:

• Assets are diverted from the trust to the trustee.
• Assets controlled by the trust were mismanaged.
• Failure to carry out the trustee’s responsibilities
• Failure to operate in line with the trust agreement’s conditions

Modification Or Reformation Of Trust

A trust may need to be modified or restructured at times. However, the person who established the trust may not always be accessible to change the trust’s conditions. The trust’s founder may have died, or he or she may have become incompetent or handicapped. In other situations, the trust is irrevocable, making revocation or modification exceedingly difficult.

When a trust modification is required, our attorney at Rhodes Law can assist you. We’ve also represented trustees who are contesting the trust change. The following are some of the most often requested trust modifications:

• Taking a trustee off or adding a new one
• Beneficiary changing
• Keeping the kids safe from a first marriage
• Taking care of a handicapped member of the family

Litigation might arise when one person wants to amend a trust and another person opposes the modification. Rhodes Law understands how to modify a trust efficiently.

Contact The Santa Rosa Trust And Estate Litigation Attorney

Our Santa Rosa trust and estate litigation attorney have extensive expertise in litigating trusts and will contest and successfully defend clients across California. If you need additional information about whether or not you can or should pursue trust and estate litigation, call today.