Actions by California Trustees and Executors

Helping California fiduciaries bring legal actions

Trustees and Executors have a legal duty to protect the Trust or Probate Estate for which they are appointed.  That includes bringing legal claims, or defending against legal claims, when necessary.  For example, if a person is the victim of financial elder abuse prior to death, their Trust or estate may have to seek damages or the return of assets from the elder abuser.  Or if an elder entered into contracts without being competent to do so, their Trust or Estate may have to defend against a creditor trying to collect.  These are just two examples of the many situations that can arise in the process of protecting a Trust or Probate Estate.

Whatever the reason, when a Trustee or Executor is taking legal action, they are required by law to be represented by an attorney, and it is best to hire an attorney with experience handling complex lawsuits on behalf of Trusts and Estates.  The lawyers at Albertson & Davidson, LLP are committed to helping Trustees and Executors resolve legal matters efficiently and with the best results possible.

Common types of legal actions involving California estates

There are many situations in which a Trustee or Executor may find themselves in court on behalf of an Estate. Sometimes, they will instigate the lawsuit due to wrongdoing or negligence on the part of another party. Under other circumstances, other parties may bring legal claims against the Estate based on allegations regarding the deceased’s situation before they died. Some of the most common litigations actions by Trustees or Executors include the following:

  • Survival actions
  • Wrongful death actions
  • Defending against creditors’ claims
  • Such actions can serve to protect the value of the Estate and the rightful inheritances of the beneficiaries.

Helping with complex litigation pertaining to California Trusts, Wills, and Estates 

Any type of litigation can be complex due to the large number of procedural rules2 and requirements set out by the state of California. At Albertson & Davidson, LLP, we know how to handle every aspect of litigations from filing a petition or answer, motion practice, discovery, trial, and even appeal if necessary.

Consult with an experienced California Trusts, Wills, and Estates attorney for help

If you are acting as a California Trustee or Executor, you may often find yourself in over your head when it comes to fulfilling all of your various responsibilities and especially if you get involved in legal action. Even the most savvy estate fiduciaries should always seek outside guidance from a litigation attorney when legal action arises. Please do not hesitate to contact one of the conveniently located California offices of Albertson & Davidson, LLP to discuss how we can help you.

Sources:

1http://www.law.cornell.edu/wex/fiduciary_duty

2http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html