Schedule an appointment with a knowledgeable trust litigation attorney in Orange County today. SKILLS & REQUIREMENTS: - Licensed to practice law in the State of California. In those situations, we can protect you from personal liability by taking certain actions ahead of time. Many beneficiaries are unaware of their rights or how to secure them. Assist with Probate, Estate Planning, Conservatorship and Trust Administration. Responsibilities of the Trustee. Trustee failure related to annual accounting and reporting. We've worked with clients in: If your county isn't listed above but you're in California, reach out to us to see if our trust lawyers may still be able to serve you. Without an appropriate estate plan, a decedent's affairs typically will be handled through California intestacy laws which oftentimes involve the Probate Court.
California has put laws in place to protect beneficiaries from any illegal actions taken by trustees and there are set tests in place to determine the trust's true intent. That said, courts have recently ruled that even though it takes more sophistication and mental agility to make one, it may take something much less to merely amend one. Disputes between heirs and fiduciaries. 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. Whatever side of estate or trust litigation you find yourself on, do not be surprised if you experience stress and a sense of agitation or urgency. Mortensen & Reinheimer, PC has more than 50 years of combined legal experience and is prepared to provide the representation you need. Whether you live here or in another state or country, we can provide you with the trusted, local counsel you need in California probate courts. We offer creative solutions and aggressive handling of trusts and estate matters being litigated in the Southern Californian courts, and appear routinely in probate courts in Los Angeles, Orange, San Bernardino, Riverside, and San Diego Counties. Our estate and probate lawyers and wills and trust attorneys serve families and individuals throughout Riverside, San Bernardino, San Diego, Los Angeles and Orange County. At Kimura London & White LLP, we handle complex trust and estate litigation for clients in Orange County and throughout surrounding areas. Trust and Probate Litigation Attorney in Orange County, California. Often times, your only guidance is the Trust, which is filled with legal jargon.
In general, however, trust administration involves the following basic tasks: Read more about trust administration. In addition, a trustor who creates an irrevocable trust cannot remove assets from the trust once they are placed in the trust. Some trustees are unaware of the full scope of their responsibilities and that they can be held personally responsible for improperly handling a trust. California Welfare and Institutions Code sections 15610. When a person passes away, their assets must be disbursed in a manner consistent with state laws and following the directions they put forth when they were alive…. Lastly, estate and trust litigation is and has been on the rise for many years due to many factors including the increasing number of baby boomers getting older and dying with substantial wealth. Questions may arise as to what the trust document means. Even in situations where someone has been appointed as the trustee, executor, or administrator, the beneficiaries or heirs have every right to have that person removed for violating his or her duties. Paying all trust taxes, expenses, and debts. Customized Legal Services in Orange County.
Few of us are ever fully prepared for the challenges that accompany losing. We are experienced litigators. Do you have any other concern over a will or trust? Daniel E. Katz is one of our noted attorneys who focuses 100% of his practice on litigation, and represents clients involved in trust and probate disputes. In this scenario, it's likely some of the decedent's assets will be distributed according to the terms of the trust and some will be distributed according to the terms of the will. Contested conservatorships and guardianships. Are you a beneficiary of an inheritance or trust and believe that the distribution of your assets has been mishandled? Whatever the reason for the will, trust or inheritance dispute, legal protection is essential. A trust attorney in Orange County can assist trustees with every aspect of the trust administration process. As Orange County Trust and estate litigators, we are here to learn about your case and aggressively represent your interests. Ms. Lopiccolo listened to me and asked clarifying questions.
Upon one's passing, individuals may sometimes implement a trust that requires a designated third party to carry out the distribution of their assets according to desired rules and guidelines. With our assistance, you can rest assured that you are not exposed to undue liability or risk due to your role as trustee. You can expect to make court appearances, hold depositions, and be responsible for discovery. Claims of undue influence. When a trustor dies, the successor trustee should obtain copies of the trust to provide to the trust's beneficiaries and any heirs who were excluded from the trust. Attorneys' fees and administrative fees are set by California Probate Statutes and are based on a percentage of the gross estate accounted for by the personal representative. With our skilled trial attorneys. Consider the examples below. Estate Litigation Attorneys Serving Irvine, Newport Beach and All of Orange County.
Robert Lawrence Cohen. At a designated time, assets in the trust are distributed to the charity or nonprofit named in the trust. And, our hats are off to Hila for her exemplary advice, attention and communication in reaching a settlement. Trustees do not always competently or conscientiously manage the probate process. At Fridley Law Firm Attorneys at Law in Brea, California, our attorneys bring a professional, calm demeanor to the table along with a great wealth of knowledge about estate law.
If a property claim has been brought against you, you should immediately get in touch with a trust attorney to craft a defense strategy. This is especially common in cases where the decedent was suffering from Alzheimer's or dementia, in a weakened mental condition or state of diminished mental capacity. Talk With A Trusted Trust And Estate Lawyer. We also advise trustees and executors on their legal responsibilities in administering a trust or navigating the probate of an estate. Living trusts and testamentary trusts vary as to when they become effective — during the creator's lifetime or after the creator's death. Is the lawyer's office conveniently located?
Has your parent or loved one created a trust? Without the right representation, consequences can be extreme. If the trust identifies a spouse as a beneficiary, but the couple got divorced after the trust was signed, the beneficiaries may have a right to challenge the divorced spouse's right to inherit. Let us help you make sure you get what your supposed to from your loved one's trust, estate or probate administration, and if necessary fight to get what's yours if you are involved in a trust, estate or probate litigation, are a victim of fiduciary abuse, or if there was financial elder abuse. Understanding the scope of trust administration is crucial to ensuring that an estate is distributed as the decedent intended. Whatever the situation, a trust lawyer can exponentially increase the odds of the court ruling in your favor. Our attorneys have experience handling all types of trust administration and litigation matters, including will contests, trustee removal actions, trust modifications, and more. Will And Trust Disputes. While every trust dispute is unique, clients in need of trust services have many of the same questions. We see it all of the time. Whether there was wrongful conduct or not, it is important to protect your rights and understand your legal options. For that reason it generally requires a higher level of intelligence in order to make one. With 50 years of combined experience, we've handled cases of all types and can confidently help you.
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. What are your fees and costs? Decisions for you and your family. Wills and trust challenges are extremely complex. There are strict requirements about the manner in which trust accountings should be provided to trust beneficiaries. Irrevocable trust: With an irrevocable trust, the trustor executes a trust that cannot be altered or changed during his or her lifetime. Almost always, you were chosen as Trustee because your loved ones believed you were the right person for the job. If the trust is subject to disputes or litigation, it can be years before the dispute is resolved and the trustee can make any distributions. In trust disputes, they can either bring claims against other beneficiaries, trustees or third parties or defend claims brought against them. Through a tough time – and we want to be a comforting and compassionate. Cottle Keen Lopiccolo & Heyde, LLP is an honest, ethical, and respected law firm dedicated to serving the community.
Probate and Estate Planning. Other times, you're dealing with an impossible beneficiary that is simply upset that he or she was not chosen as Trustee. An experienced attorney who can step into the role and take on clients with minimal direction and instruction.
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