Each trust named one future grandchild (i. e., "my first-born grandchild, " "my second-born grandchild, " etc. ) OC Elder Law, our trust litigation attorneys in Fullerton and Bellevue have extensive. We have handled hundreds of these matters with a 95% success rate.
The law provides several procedures that may insulate you from liability from these types of beneficiaries. Our attorneys have more than 35 years of experience providing estate and trust litigation services throughout Orange County. It extends to those who assist in the taking, secreting, and appropriating of the elder's property. After a trustor dies, the assets in the trust transfer to his or her designated beneficiaries. Discuss your situation with our Fullerton and Bellevue trust litigation attorneys today. Talk With A Trusted Trust And Estate Lawyer. Trusts are beneficial in several ways, including: - Trusts provide legal protection to a trustor's assets. Modern Wealth Law is comprised of highly experienced Trust litigation lawyers in Irvine, CA who serve all of Orange County. Ability to communicate clearly and respectfully with those who may have educational, language, cognitive impairments or other barriers to understanding. An experienced probate and trust litigation attorney in Orange County can assist you in crafting a claim for trust litigation. It is common for decedents to die with both a will and a trust, since together they present a comprehensive estate plan.
If you are interested in discussing how we can help you navigate the trust administration process, please contact our trust lawyers today to schedule a free initial consultation. ALL CANDIDATES MUST BE ADMITTED TO THE STATE BAR OF CALIFORNIA. California Attorney David L. Crockett has been providing comprehensive legal representation for over 40 years in the areas of Trust and Estate Litigation, Trust and Probate Administration, and Estate Planning including... Read More ». She is obviously very competent in her knowledge of the law and our confidence in her grew as the case proceeded. Probate is essential because it may be the only legal means for dealing with legal title to property, finances, or other material assets left over after a person is gone. Strategic advocacy for beneficiaries and trustees. University of La Verne College of Law California and U. S. District Court, California. We also assist clients in legally expressing their wishes regarding life prolonging medical treatments should they become incapacited, and provide legal services for special needs trusts, which help to maintain continued government benefits for an heir who has a disability. Noteworthy accomplishments by members of our team include: Our lawyers specialize in trust litigation in California. After vetting SoCal firms (I live in NorCal), Keystone was my top finalist. Free Consultation Probate, Estate Planning, Real Estate and Tax. Spouses mishandling community property and breach of fiduciary duty claims between spouses: When one spouse gives away community assets without the other spouse's knowledge or consent, breach of fiduciary duty and community property claims may be brought, potentially undoing pay-on-death designations, transfers of real property or using federal law to revert an ERISA protected plan to the surviving spouse. Even the sharpest of minds can be pressured into changing their estate planning wishes. Who exactly are the beneficiaries?
Irrevocable trusts are often used for gift tax and long-term care planning. Experience: There is a big difference between a trust and estate attorney who has a few months of experience and a trust lawyer who has years of experience. FindLaw's Lawyer Directory is the largest online directory of attorneys. Learn more about contesting a trust.
This allows our client to have the highest quality of legal representation without having to advance substantial legal fees along the way. We are accessible via the freeway throughout Orange County. At our firm, we provide legal strategies that are tailored to our clients' individual needs. First, you must thoroughly examine the trust instrument to determine the procedure for resigning and see whether a successor trustee has been named. We make sure that our clients understand costs, risks and potential gains or losses associated with negotiations, mediation or litigation. Lack of Capacity: A person must be of sound mind when he or she executes a will or trust. Litigation Involving Trustees And Executors. This often leads to the very problems that give rise to a lawsuit for mismanagement of trust funds. When a family member passes away, it is not unusual for family members to get involved in a dispute over the validity of a will or trust. With many revocable trusts, the trustor, trustee, and beneficiary are all the same person. Trust dispute lawyers can provide further guidance about whether you meet any of the grounds for bringing a contest. Without the right representation, consequences can be extreme. Orange County Probate Legal Aid & Pro Bono Services. If your estate-related legal concern is not listed here, please bring it to our attention.
The Gostanian Law Group will give your case the careful attention it deserves. Keystone's client recouped her assets, which consisted of her life savings, and regained the ability to support herself financially for her lifetime. A beneficiary can feel helpless as they watch a derelict or non-responsive Trustee engage in negligent, irresponsible, or sometimes malicious behavior. Resolve estate disputes: Gostanian Law Group can help resolve estate dispute matters regarding accounting for assets, surcharges, breaches of fiduciary duty, petitions for instruction and petitions to compel distribution. Charitable trusts: A charitable trust allows a trustor to name a charity or non-profit organization as beneficiary of the trust. Disputes involving No Contest clauses. Often, trustees have limited experience in carrying out the financial and legal duties that accompany administering a trust—that's where we come in. 401k with up to 4% match. It is imperative that Trustees mount an aggressive and effective defense, because Trustees can be held personally liable for losses to the Trust. Our trust and estate planning attorneys are committed to providing the highest level of personalized service. 2603 Main Street, Penthouse. I appreciate a law firm that is attentive and upfront with communication. It's no wonder why Trustees make mistakes during the process of the trust administration. There are several types of trusts, each of which offers unique benefits.
Problems can arise when the two documents contradict each other. Below are some of the circumstances that can cause trust disputes. As a full-service law firm, our estate, trust and probate litigation attorneys are known as among the most reputable throughout Riverside, San Bernardino, Orange County, Los Angeles and San Diego. Actions by or against a Trustee or Personal Representative. So, before you hire an attorney, you must ensure that you understand the cost and payment structure. Wills, Estate, Trust and Probate Litigation. Emotions may be highly charged and families may become fractured during a will or trust dispute.
If the will was not properly signed and witnessed, the will may be subject to challenge. 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. Disputes over the terms of the trust. Michelle Christine Bartolic. Intergenerational wealth transfer strategies. We are happy to review your case with you and determine whether you will likely be able to invalidate the trust, will or estate planning document you believe is the product of financial elder abuse or undue influence. Dana Heyde has solid knowledge of Estate and Trust issues and I am very pleased with the quality of work performed on my behalf. When one beneficiary has undue influence over the trust or had undue influence over the deceased, disputes can arise. Set up your initial consultation today by contacting our offices or by using the online form below. Apart from contesting the validity of a will or trust, we regularly handle disputes concerning the action or inaction of a trustee or executor. As noted above, the attorney you choose should devote a substantial portion of his or her practice to trust administration. Consider the examples below.
After the trustor passes away, trust assets are transferred to beneficiaries of the trust.