Boyd Law | Orange County, California Trust and Estate Attorneys. Without the right representation, consequences can be extreme. They also get reimbursed for legitimate expenses incurred during the probate process. Will and trust contests occur for many reasons and involve all types of clients. Trust litigation becomes necessary when disputes arise during the trust administration process, or any time there is an issue with a trustee or beneficiary's actions. Many beneficiaries are unaware of their rights or how to secure them. TRUST LITIGATION ATTORNEY. If you answer "yes" to any of these questions, it is crucial you consult with a trust litigation attorney to go over your options for suspending, removing or surcharging a trustee.
This provides trustees with the peace of mind that the trust is being administered properly and that all legal requirements are being met. Contested Trust Litigation. The law provides several procedures that may insulate you from liability from these types of beneficiaries. And help you understand what you're facing so that you can make the right. Trust & Probate Litigation. Questions to ask a trust attorney include: - "How much of your practice is focused on trust administration? " With our assistance, you can rest assured that you are not exposed to undue liability or risk due to your role as trustee. Estate creditors need to act quickly but smartly when a debtor passes, because most state probate laws give creditors a limited amount of time to pursue their claims against an estate (e. g. one year in California). This is generally the case for assets that were not appropriately placed in the trust, assets not going to a spouse, or estates exceeding $166, 250 or $184, 500 for persons dying after April 1, 2022. Responsibilities of the Trustee. We are accessible via the freeway throughout Orange County. Contingency fee arrangements may be available.
With decades of experience on our side, we can walk you through the process. The trust lawyers at Reid & Hellyer are skilled in drafting trusts and are knowledgeable about the processes involved with trust and probate administration. CONSERVATORS & GUARDIANS. Beneficiary Representation. Call us today at (949) 371-5003 to schedule an appointment regarding your matter, or contact us through our website here. Estate Litigation Attorneys Serving Irvine, Newport Beach and All of Orange County. Has the lawyer worked on other cases similar to yours? A trust may additionally be litigated based on many of the same issues that plague will contests, such as lack of capacity of the trustor, fraud, or undue influence on the trustor. As with any case that goes before a judge, it's important that you have knowledgeable legal assistance, like that provided by a probate litigation attorney.
Free Consultation Offers Video Conferencing Video Conf Orange County, CA Probate Lawyer with 17 years of experience. A trust litigation attorney can provide guidance on the type of financial exploitation claim to bring. Yes, a minor can be a beneficiary of a trust, although it is important to keep in mind that they will not have direct access to their inheritance until age 18 or later, based on the terms of the trust. There are several types of trusts, each of which offers unique benefits. We often represent beneficiaries that need to know their rights and to make sure the Trustee is abiding by his or her duties.
When people do not create a living trust or an estate plan before they pass away, their assets may go through the probate process. Are you the administrator of a loved one's estate and facing a dispute over the will? Usually, this is done with a legal document such as a trust agreement or a declaration of trust for living trusts, or a last will and testament for testamentary trusts. Heggstad Petitions – a kind of 850 Petition – are frequently utilized in trust disputes. Whether you're a trustee, executor, heir, beneficiary, spouse, creditor or conservator, we have the experience to help you get a better result in your probate litigation case sooner and for less legal spend, so you can move on with life. Who exactly are the beneficiaries? Attorneys at the Kelly Law Firm represent trustees and beneficiaries in estate and trust disputes. Life Insurance trusts: A life insurance trust allows a trustor to transfer his or her life insurance account into a trust. This involves collecting the deceased's assets to pay any liabilities that remain on their estate and distributing the assets to beneficiaries. Trust litigation is a catch-all term describing all trust-related actions brought to court. Regardless of whether the debtor is a decedent or a beneficiary of a decedent's estate or trust, Keystone's trust attorneys are well-qualified to assist creditors with navigating the complex creditor claim process and ensuring that their claims are entered in a timely fashion.
Or they were physically reliant on others (bedridden, unable to drive, etc. 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. 401k with up to 4% match. Our estate and trust litigation practice encompasses many areas, including the following: - Breach of fiduciary duty claims.
When a debtor dies, and their estate does not have enough funds to repay their debts, it may become the responsibility of the decedent's trust to repay them. Needed to simplify the process and ensure that your needs are protected. A party found to have wrongfully misappropriated trust assets can be held liable for all the damage they have caused to the trust, regardless of whether the claim is against a trustee, beneficiary or third party. Some of Our Results. Often times, your only guidance is the Trust, which is filled with legal jargon. Probate, Administrative, Employment and Personal Injury. We have helped countless clients through. You'll be glad you did. Please contact us today to schedule a free initial consultation. Our Attorney, Julie did beautifully on our Trust matter. Trusts reduce or avoid inheritance or estate taxes. To learn more about the steps you need to take after the passing of a loved one, we invite you to call our warm and welcoming team member at 949. What are your fees and costs? There can be multiple beneficiaries.
Trust should be interpreted, which can lead to a lengthy litigation process. Trustees and executors under fire. Our wills and trusts attorneys have experience with the most common types of estate planning documents, including living trusts, pour-over wills, durable power of attorneys and advanced health care directives. Regardless of the recommended path to resolution, we listen carefully and explain legal issues in plain English. These cases often enter litigation, and representation is needed to protect the person in charge or to protect the beneficiary. We are skilled at negotiation and alternative dispute resolution (ADR) methods, and we draw upon that experience to resolve family disputes amicably whenever possible. Probate administration includes the entire process of implementing the decedent's will and winding up all of their financial affairs death. Dana Heyde has solid knowledge of Estate and Trust issues and I am very pleased with the quality of work performed on my behalf. Notary Public is a plus.
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