Huntington Beach Trust Litigation & Administration Lawyer
Trusts are a popular estate planning tool for many reasons. The trust creator can use them to prepare for both incapacity and the distribution of assets after death. Trusts also provide more control over when and how assets are inherited, and can allow property to transfer outside of the probate process.
This does not mean, however, that creating a trust guarantees everything will go smoothly. Unfortunately, this is simply not the case, as trust litigation often becomes necessary.
Albertson & Davidson is here and ready to help in these situations. For decades, our experienced Huntington Beach estate litigation lawyers have been representing trustees, beneficiaries, and other interested parties. We know the laws inside and out and can put our extensive legal knowledge to work for you.
To find out more about the services we offer, give us a call or contact us online today.
What is trust litigation during trust administration?
Trust administration is the process of managing and distributing trust assets after a death.
While most money and property must transfer through probate, assets in a trust are distributed through the trust administration process instead. Many people create trusts because they prefer this more private approach.
However, trust administration is still a formal legal process, and, unfortunately, conflicts often arise during it. This can lead to trust litigation, which means there is a disputed issue that a court must step in and solve if no settlement can be reached.
Some of the most common reasons for trust litigation include:
- Breach of fiduciary duty: This occurs when the trustee fails to fulfill their obligations to manage trust assets wisely, often by acting in their own interests instead of the interests of the beneficiaries.
- Mismanaging trust assets: Trustees must manage assets held within the trust carefully, or they can be held liable for wasting them or failing to invest appropriately.
- Improper distributions: When funds from a trust are distributed in a way that does not align with the deceased person’s instructions, this can result in a claim of improper distribution.
- Excessive compensation: Trustees can be paid for their services, but if a trustee takes an unreasonable fee, this is likely to lead to conflict.
- Challenges to whether a trust is valid: In some cases, the validity of the trust itself is challenged, with questions regarding whether the creator made the decision with a sound mind and without undue influence.
How can an experienced Huntington Beach trust litigation lawyer help you?
At Albertson & Davidson, we understand how important it is for you to protect the wealth your loved one has left you and how essential it is to ensure that your deceased loved one’s wishes are being honored.
Our experienced legal team of Huntington Beach probate attorneys will help you to maximize your chances of getting the best outcome possible after a conflict arises with a trust your loved one leaves behind. We can:
- Gather evidence: We’ll obtain trust documents, witness statements, and any other evidence that can help you to demonstrate the deceased person’s state of mind.
- Aim to settle the dispute: In some cases, conflicts over a trust can be resolved out of court, which could help you preserve your relationships with your loved ones and help you keep costs and stress down.
- Work with you to understand the strength of your argument: We’ll help you determine if you’re likely to get a positive outcome from the conflict, given the facts.
- Representing you in court: When no resolution is reached, we can help you to present compelling evidence and maximize your chances of a favorable court verdict.
Getting help
When a problem or conflict arises with a trust, reach out ASAP so you can get an advocate on your side to help begin fighting for you. Give us a call today to schedule a consultation with a Huntington Beach trust litigation and administration lawyer.