Trust and Estate Attorneys in Los Angeles

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OVERVIEW

Why You Need a Trusts & Estate Litigation Attorney

Litigation over wills, trusts, Conservatorships, and elder abuse has complex rules and remedies.

Trust and Probate matters can be complicated and may often be intertwined with emotions resulting from grief over the loss of a loved one, lack of communication with a family member, or loss of trust in a fiduciary. If you don’t know where to turn, you need a trust and estate attorney to guide you through the process and understand how you feel. Probate Code §17002 provides generally that trustees and beneficiaries of trusts with their principal place of administration in the State of California are subject to the jurisdiction of California’s probate courts. The probate court is given the broad power and responsibility to supervise and protect the administration of trusts within its jurisdiction.

Our clients consider us the best trust and estate lawyers in California because we communicate constantly to achieve the best possible results while providing aggressive, high-quality, and compassionate representation. We are accessible to our clients and thorough in our preparation. Our trust and estate attorneys bring their years of experience to help resolve contentious and sensitive legal conflicts.

About Our Estate & Trust Litigation Attorneys in Los Angeles

There are certain times when there are trust breaches that require the trustee’s removal. Section 15642(a) of the Probate Code allows a trustee to be removed “by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary under Section 17200.” Section 15642(b)(1) of the Probate Code provides the grounds for removal of a trustee “[w]here the trustee has committed a breach of the trust.” Additionally, Probate Code §§ 17200(a) and 17200(b)(10) and 17200(b)(12) authorize the Court the authority.

The trustee is under a duty to diligently review the trust instrument and not to deviate from the terms of the trust. (Estate of Gilmaker (1962) 57 Ca1.2d 627.) The trustee “is bound to act in the highest good faith towards his beneficiary and may not obtain any advantage by the slightest misrepresentation.” (Estate of Wood (1953) 121 Cal.Ap.2d 252.) Probate Code section 16002 imposes a duty of loyalty on the trustee of any trust. Similarly, a trustee may not favor one beneficiary over another.

Talk to a Trust Litigation Attorney in Southern California

Ginzburg & Bronshteyn attorneys have unprecedented expertise in trust and estate litigation. Contact us to schedule a confidential consultation.

How to Approach Trust and Estate Litigation

Under California Probate Code Section 16061.7, notice must be sent within 60 days of the death of a settlor and allows the recipient of the notice to request a copy of the trust. After receiving the mailed notice, the recipient has 120 days from the date of mailing to file a trust contest. If no contest is filed within 120 days, then the notice recipient may forfeit their right to file a contest.

Always proceed with caution and consult a trust litigation attorney. Contesting the trust may violate a “no contest clause,” which would result in the beneficiary losing their inheritance.

Bringing about or challenging a Will contest may be difficult, and it is best addressed with the experienced legal counsel of a Los Angeles probate attorney. With our firm’s experience and skill in handling probate and estate litigation issues, we are confident in our ability to successfully handle issues related to the validity of a Will. Trust and estate litigation encompasses a wide range of issues, including:

Trust litigation encompasses a wide range of issues including:
Trust fraud
Undue influence
Breach of a fiduciary duty
Trust misappropriation and mismanagement
Questioning the validity of trusts with allegations of fraud, duress, undue influence, coercion, lack of capacity, proper trust formation, and diverting from the trustor's intent
Trustee failure to determine the value of assets before sale
Trustee failure in annual accounting and reporting
Creditor claims
Lack of mental capacity
Failure to pay beneficiaries
Payment to the wrong beneficiaries
Trust Accounting
Trust Administration

Visit our locations page to contact the office nearest to you. Our knowledgeable trust and estate attorneys serve clients all throughout Southern California, including Los Angeles, Calabasas, Orange County, San Diego, and the Bay Area.

Don’t let worry or doubt hold you back. If you need help with family law matters, contact Ginzburg & Bronshteyn today. We can provide expert guidance and help you through the most challenging cases. Get the assistance you need now.

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