La Jolla Trust Litigation & Administration Lawyer

Trusts are a powerful estate planning tool that allow assets to pass outside of probate. Trusts can also be used in incapacity planning and to take more control over what happens to assets after death.

Unfortunately, creating a trust still can’t guarantee there won’t be problems or conflicts. Many different issues could arise, from questions about whether a trust is valid to concerns about whether a trustee is fulfilling their fiduciary duty.

When a problem arises, it’s important to have the right La Jolla trust litigation and administration lawyer. An experienced La Jolla estate litigation attorney at Albertson & Davidson, LLP can help you to understand your rights, gather evidence, and argue for your preferred outcome in settlement negotiations or during litigation.

To find out more about how our firm can help you, give us a call at (858) 209-2309 or contact us online to schedule a free consultation.

What is trust administration?

Trust administration is the process of managing trust assets. This includes investing and distributing the funds held in trust.

Trustees are in charge of trust administration. The trust creator names a trustee, who has a fiduciary duty to act in the best interests of the creator and beneficiaries. The trustee must comply with the terms of the trust, follow all instructions put in place by its creator, and effectively fulfill other tasks such as:

  • Protecting minor beneficiaries
  • Managing trust assets
  • Tax compliance 
  • Asset distribution

Albertson & Davidson, LLP can provide guidance to those entrusted with these responsibilities, as well as representation and support when a trustee fails to carry out these duties appropriately.

Types of trust litigation

Trust litigation becomes necessary when there are conflicts or problems related to a trust. There are many different types of trust litigation, depending on the issues that arise. Some of the most common conflicts leading to litigation include:

  • Breach of fiduciary duty: Beneficiaries can take legal action when a trustee fails to act in their best interests or engages in improper behavior, such as commingling assets or not distributing assets as instructed.
  • Trust contests: During this type of litigation, the validity of the trust itself is questioned. Common reasons for trust contests include an argument that the trust creator was unduly influenced or coerced into creating the trust; that the trust creator lacked mental capacity when the trust was created; or that the trust isn’t actually valid because it was created through forgery or fraud.

What does a La Jolla trust litigation & administration lawyer do to help?

Albertson & Davidson, LLP can represent you in any conflict involving a trust. Some of the many services our firm offers include:

  • Obtaining copies of the trust to review its terms.
  • Interviewing witnesses and experts who can provide insight into whether the trust creator made the trust while of sound mind and without fraud or undue pressure being applied.
  • Reviewing financial records and accounts to see how trust assets are being used.
  • Taking legal action in appropriate situations, such as filing a petition to have the trustee removed for breach of fiduciary duty
  • Negotiating a settlement when possible to resolve conflicts related to the trust
  • Representing you in a dispute in court and presenting compelling evidence in accordance with local court rules

These are just some of the many ways our team is prepared and ready to help you when a conflict over a trust occurs.

Contact Albertson & Davidson, LLP today

Albertson & Davidson, LLP is focused on estate litigation and probate issues. Our La Jolla probate attorneys have dedicated their careers to helping clients protect their assets, inheritance, and legacies. We’ll work hard to advocate for you in difficult situations, including when conflicts related to a trust arise.

Give us a call at (858) 209-2309 or contact us online today to schedule your free consultation with a La Jolla trust litigation & administration lawyer to learn more.