While trust litigation frequently involves trustee misconduct, trustees may be working tirelessly to do the right thing, yet may face litigation despite their efforts to manage the trust honestly and responsibly. Whether you are a beneficiary or a trustee who has encountered a dispute, seeking quality legal representation is essential for ensuring that your rights are adequately protected.
Trust Litigation Matters We Handle
The average person will administer a trust only once within their lifetime, meaning they are always entering uncharted territory. With wills and trusts, it is not uncommon for problems to arise when there are conflicting interpretations of the deceased person's wishes, or when trust assets are left to friends instead of family members, or when beneficiaries have conflicting opinions about what to do with certain assets or property. When there is a significant amount of wealth at stake, it's not uncommon for trust and estate disputes to end up in court.
Law Offices of David A. Shapiro, P.C. handles all types of trust and probate legal issues in the Los Angeles area, including surrounding areas as Brentwood, Santa Monica, and Malibu. Any California trust litigation attorney from our firm would be happy to consult with you to see how we can assist you.
Our Los Angeles trust litigation lawyer can assist you with:
- Failure to file tax returns
- Improper accounting
- Improper distribution of trust property
- Improper investments
- Trustee fraud
Have another situation involving trust litigation? Do not hesitate to reach out to our trust litigation lawyers in Los Angeles -- your initial evaluation is free of charge!
What is Trust Litigation?
Trust litigation involves the various types of disputes that can arise in connection to a trust, whether the disputes are about the trustee's conduct, or about the beneficiary's interpretations of the trust document itself.
Being an executor or a trustee is not a small job. Probate court avoidance and trust administration have become highly specialized fields in the United States, involving financial planning in order to minimize tax consequences and maximize financial gains. However, for many families in Southern California who plan for passing down wealth from one generation to the next, the human aspect is often overlooked. If you have run into a complex matter involving a trust, get in touch with a California trust litigation attorney at Law Offices of David A. Shapiro, P.C. -- we are backed by years of experience and are happy to answer your questions during a free initial evaluation! Dial (310) 853-1554 or contact us online!
Can You Fight a Trust?
Yes, a trust may be challenged similarly to contesting a will. The person who wishes to fight the trust must have standing in order to file for a lawsuit in probate court. This means that they must have an interest in the trust or must be someone who would have inherited something under intestate law.
Common reasons why people contest trusts:
- The grantor was not of sound mind when the trust was created
- The grantor created the trust was subject to pressures by another individual (undue influence)
- The settlor made a mistake
- The trustee violated the terms and purpose of the trust
Is someone contesting your trust or do you wish to contest an existing trust? Contact an experienced Los Angeles trust litigation lawyer at Law Offices of David A. Shapiro, P.C. today to schedule a free evaluation.
The Responsibilities of a Trustee in Los Angeles
Trustees are obliged to administer trusts according to the terms set forth in the trust document as well as local laws governing trusts. They hold a fiduciary duty towards their beneficiaries, which is a legal relationship of confidence and trust between the two parties. In a fiduciary position, a trustee is expected to administer their duties in a loyal fashion to the trust beneficiaries. If there is more than one beneficiary, trustees need to act impartially towards all beneficiaries while managing, investing, and distribution of trust property.
Breaches of fiduciary duties can and do happen in many ways. Trustees should not have external factors such as a conflict of interest add purposeful or undue influence to their trust administration decisions. Trustees may be held personally liable for problems arising with trusts, such as improper investments of trust money, improper management or distribution of trust property or funds, lack of or improper accounting, or failure to file proper tax returns due on trusts.
Representation for Trust Beneficiaries
When a trustee fails to uphold their responsibilities, the trust's beneficiaries can bring their claims to Los Angeles probate courts. The trust litigation attorneys at Law Offices of David A. Shapiro, P.C. can provide their advocacy for beneficiaries if the trustee has failed to manage or distribute the trust assets according to California law.
If you have encountered such a situation, we encourage you to seek help from a trust litigation attorney immediately. Our law firm in Los Angeles, CA is prepared to handle any trust and estate law conflicts, including litigation and disputes.
Call Law Offices of David A. Shapiro, P.C. at (310) 853-1554 to set up a FREE evaluation on your trust litigation case today!
Clients Share Their Experience
"On top of being a great attorney, he is very down to earth and humble man."Feryal A.
"If you have a case that requires an attorney to advocate for you in a trust and estates matter, please contact David."M. W.
"He was such a pleasure to work with and is a brilliant attorney who is dedicated to helping his clients."Alexis H.
Focused on Trust Litigation
100% Committed to Client Satisfaction
Board Certified Specialist