Burbank Trust Litigation Lawyer

While trusts are meant to help avoid probate and control asset division and management after death, there can still be disputes among beneficiaries. Whether you’re disputing a trust or trying to enforce the distribution of the estate, a Burbank trust litigation lawyer can be your ally throughout the trust litigation process.

The trust litigation laws in California can be complicated, but an experienced, knowledgeable attorney can give you the support you need to honor the wishes of your late loved one and protect your rights.

What Is a Trust?

A trust is an estate distribution tool that allows a person to transfer assets to chosen beneficiaries via trustees. The person creating the trust can choose to be a trustee themselves, or they can select a professional trustee to oversee the estate.

By opting for a trust, your beneficiaries can avoid the costly and lengthy process of probate and receive assets directly from the trustee. There are a number of benefits to choosing trusts, including:

• Control: A trust can stipulate how and when assets are distributed to beneficiaries.
• Privacy: Unlike wills, trusts remain private documents, which keep your financial history out of the public record.
• Tax advantages: Depending on how assets get distributed, your beneficiaries may pay a lower estate tax, particularly if you set funds to release slowly over time under certain tax cutoffs rather than all at once.
• Asset protection: Assets in a trust are protected from creditors, legal actions, and divorce cases of your beneficiaries.
• Business planning: You can use a trust to detail business succession and shield your assets.

Interestingly, only 32% of adults in the U.S. have a clear will in place for after they die. While wills and trusts are different, this shows a wider trend that many people have not taken steps to secure and divide their assets. A Burbank trust litigation attorney from Barry Law Group can help you dispute a trust if you’re a beneficiary or uphold an estate plan as a trustee.

Disputing a Trust

If there’s evidence that a trust was created or administered illegally or unethically, you can formally dispute it. Common reasons for disputing a trust include payment terms, improper establishment, undue influence, lack of capacity, fraud, and ambiguity. In California, there were 42,873 disputes filed in probate courts across the state, speaking to how frequent contention is over estate plans, even trusts.

Beneficiaries or other parties can file a trust litigation case with the Los Angeles County Superior Court’s probate division if they have an issue or challenge. Keep in mind that you typically cannot sue the trust directly, but rather the trustee. Trustees have a fiduciary duty to act prudently and follow the terms of the trust.

California Prob. Code Div. 9, Pt. 4, Ch. 1, Art. 1 outlines a trustee’s duties. Failures to adhere to these statutes can open the trustee up to liability, allowing beneficiaries or others to contest the trust.

Types of Trusts

There are many types of trusts in  Burbank, CA, and they all have their own purposes. Knowing the type of trust you’re involved in can help if litigation becomes necessary. Some common types of trusts include the following:

• Asset protection trusts
• Charitable trusts
• Revocable living trusts
• Irrevocable trusts
• Special needs trusts

Why Hire Barry Law Group

At Barry Law Group, we give every client the attention and care they deserve. Our firm is built on core principles of unmatched dedication, unrivaled strategy, a strong track record, and total transparency. Being a small, family-owned law firm, we’re committed to your trust in the success of your litigation case.

We know how emotionally trying these times can be, and we offer the compassionate support you need every step of the way. Let us put our 30+ years of experience to work for you.

FAQs

What Are the Odds of Successfully Contesting a Trust in California?

The odds of successfully contesting a trust in California vary from case to case, relying entirely on the validity of your challenge and the evidence you have to support it. Trust litigation cases aren’t easy to win, but a strong legal strategy and compelling evidence give you a real chance of protecting your rights and ensuring you receive what you deserve.

How Hard Is It to Sue a Trust?

Generally, you cannot file a claim against the trust itself, but rather you’d sue the trustee responsible for managing it. These cases have high burdens of proof, requiring you to show a serious breach of fiduciary duty on behalf of the trustee or some sort of illegal or unethical circumstances in the trust’s creation. The stronger your evidence, the easier it is to file a claim, but all cases are far from guarantees.

What Do Litigation Attorneys Charge?

What litigation attorneys charge varies depending on the complexity of the case and the experience of the lawyer. A straightforward case managed by a less experienced lawyer will likely be cheaper than a complicated battle fought by a veteran attorney. During your initial consultation, talk to your attorney about their fee structure and what you can expect to pay.

Who Can Dispute a Trust?

Only interested parties with valid legal standing can dispute a trust in California. These parties include beneficiaries, heirs-at-law, and sometimes even trustees. To have legal standing, you must be directly affected by the terms of the trust or by any changes to it. Creditors may also have standing to challenge a trust if they can prove that the agreement was created specifically to defraud them of money or assets owed to them.

Hire a Trust Litigation Lawyer From Barry Law Group

Trusts are great estate planning tools for distributing and protecting your assets, but that doesn’t make them perfect. If you’re a beneficiary or other interested party who believes the trust is being mismanaged or abused, you have the right to file a dispute.

Hire a trust litigation attorney from Barry Law Group to help you challenge a trust and pursue the inheritance you deserve. Contact our office today to schedule a free consultation. We can discuss your case and help you understand how we can help.