Los Angeles Trust Litigation Attorney

Guidance During Trust Litigation in Los Angeles, CA

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.

Our Los Angeles trust litigation lawyer can assist you with:

• Failure to file tax returns
• Improper accounting
• Improper distribution of trust property
• Improper investments

The 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. We would be happy to consult with you to see how we can assist you.

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.

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.

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.

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.

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.