Abused Trust & Will Beneficiary Litigation

Helping beneficiaries protect their rights

As the beneficiary of a Trust, Will or conservatorship estate you are entitled to be treated fairly.  Your fiduciary (either a trustee, executor/administrator, or conservator) should act in your best interests at all times and keep you fully informed about the finances of your beneficial interest.  Yet, all too often, fiduciaries abuse their position of power.  Either through ignorance or spite, they refuse to follow the many fiduciary duties and responsibilities they have and they become downright abusive to their beneficiaries1.

At Albertson & Davidson, LLP we take great pride in knowing the duties and obligations of fiduciaries.  We put that expertise to use by advising fiduciaries how they must act in dealing with beneficiaries.  But we also use that expertise to stand up for the abused beneficiary.  We expose abusive fiduciaries and seek to hold them responsible for the harms and losses they cause beneficiaries, remove them from office where necessary, and demand they account for their actions as fiduciaries. 

While beneficiaries have all the rights, they have none of the power to enforce those rights without seeking help from the Court. And even though the fiduciary has all the duties, the one burden a beneficiary has is to stand up and fight for his or her rights. We are here to help in that fight. We apply our energy, integrity, enthusiasm, and winning track record to help you get what you rightfully deserve from your beneficial interests. We demand that fiduciary duties be taken seriously, applied fairly, and without harming the rights and interests of the beneficiaries. 

How beneficiaries suffer abuse

Beneficiaries of wills or trusts rely on fiduciaries (such as trustees, executors/administrators, conservators) to properly manage an estate and distribute their rightful property as the deceased person intended. 

The law imposes strict guidelines on fiduciaries and they are held to the highest duty of care2 in all actions they undertake and all actions they fail to undertake. Yet, some fiduciaries simply do not fully understand the legal obligations under which they must operate. Instead, they believe they have the freedom to do whatever they like, whenever they like regarding an estate and, in such situations, the beneficiaries suffer the financial consequences. Fortunately, beneficiaries may seek legal redress and hold fiduciaries accountable for their actions in court.

Can I afford an attorney to challenge a fiduciary?

In many situations, an abused beneficiary is particularly vulnerable because he or she may not have extra funds to hire an attorney to fight for their legal rights—whereas a fiduciary often has the luxury of using trust or estate assets to hire attorneys on their own behalf. For this reason, the attorneys at Albertson & Davidson, LLP have various flexible options (including contingency fee arrangements) that allow abused beneficiaries to hire us to protect their rights even when they cannot afford to pay us on an hourly basis.  Our goal, and our passion, is standing up for abused beneficiaries, and we work hard to find creative ways to be able to represent beneficiaries when they need us the most.

Contact an experienced California attorney for help today

At Albertson & Davidson, LLP, our in-depth knowledge of trust and estate matters is essential in attacking an abusive fiduciary. This experience allows us to provide a unique perspective to abused beneficiaries when they suffer at the hands of a trustee or executor who disregards their legal obligations. Additionally, we have the necessary trial experience to take matters to trial whenever it is necessary to achieve your desired result. If you believe you need assistance regarding a beneficiary abuse case, please do not hesitate to call one of our offices throughout California today.

 

Sources:

1http://en.wikipedia.org/wiki/Beneficiary

2http://www.law.cornell.edu/wex/fiduciary_duty

 
Albertson & Davidson LLP
3491 Concours Street, Suite 201
Ontario, CA 91764
Albertson & Davidson LLP
28581 Old Town Front Street, Suite 103
Temecula, CA 92590