Calabasas Trust Litigation Lawyer

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Calabasas Trust Litigation Lawyer
Barry Law Group

best calabasas trust litigation lawyer

Calabasas Trust Litigation Attorney

Trusts can be a crucial component of an estate plan. They can help assets avoid probate, facilitate the orderly administration of assets, allow for control over asset distribution, and protect assets from creditors. Though there are many benefits to adding trusts to your estate plan, they can still be vulnerable to legal challenges. Trust litigation occurs when disputes arise over a trust. A Calabasas trust litigation lawyer can help you explore your options if a trust dispute has occurred.

Experienced Trust Litigation Attorney in Calabasas

Barry Law Group has over 30 years of experience in prosecuting and defending trust disputes. Often, these situations are legally and emotionally complex. Our team understands these complexities and works to make the trust litigation process as smooth as possible. Challenges to trusts occur more frequently than some would expect, but we can approach your case with calm and professionalism, allowing you to focus your energies on other parts of your life. Whether you need assistance with probate administration or support through estate litigation, our attorneys are here to guide you every step of the way.

What Is a Trust?

Contrary to popular belief, creating a will is only one part of a comprehensive estate plan. A trust is a legal arrangement that offers specific advantages and disadvantages of a trust in California, as outlined in California Probate Code sections 15000-19530, where an individual (the trustor) transfers assets to a trustee, who is responsible for managing the trust in the interest of the trustor or the beneficiary. There are four main types of trusts:

  • Revocable trusts: With a revocable trust, the trustor can maintain control and ownership of the assets within the trust. The trustor can alter the beneficiaries and contents of the revocable trust at any time as long as they are legally competent.
  • Irrevocable trusts: With an irrevocable trust, the ownership of the assets within the trust passes immediately to the beneficiaries. The only way to alter an irrevocable trust is through the approval of all beneficiaries or a court order, so it is unlikely to be changed once it is established.
  • Testamentary trust: A testamentary trust is an agreement that benefits the beneficiary following the trustor’s death because the conditions of the trust do not go into effect until this event.
  • Living trust: A living trust allows the trustor to use the assets in the trust during their lifetime. After the trustor’s death, the assets will then transfer to the stated beneficiaries.

Trusts Continued

Trusts are favored by many people within their estate plan because they are flexible and allow for more privacy. The trustor can alter the trust as they please, and trusts are private documents that do not become part of the public record, unlike wills.

Additionally, trusts that are completed correctly allow the assets held in the trust to avoid probate. Trust assets typically do not have to pass through probate, which reduces the cost of administering the estate and allows for a faster distribution.

The formation of trusts and wills in the over-70 community has been steadily declining since 2000 and now lingers at only 64%. If you plan to implement a trust in your estate plan or know someone who is considering it, it is crucial to work with an experienced trust implementation attorney. Their knowledge and legal understanding can help ensure the trust stands against challenges.

Trust Litigation

Trust litigation occurs when an interested person, such as a beneficiary, heir, disinherited person, creditor, or charity, alleges that:

  • The decedent was not of sound mind when the trust was created
  • The trustee has mismanaged the trust
  • The trustee has engaged in conduct that qualifies as a breach of fiduciary duty to creditors or beneficiaries
  • The trust was improperly executed
  • The trust resulted from duress, undue influence, or fraud

Trust litigation is especially complex because various statutory and common laws can intersect when resolving the dispute. The resolution will arise from a settlement or trial.

Why Hire a Trust Litigation Lawyer With Barry Law Group

For over three decades, Barry Law Group has dedicated its time and energy to supporting the community in the southwestern region of the San Fernando Valley. As the number of team members has grown, so have our capabilities. Though we are now a larger team with more clients, we have remained committed to our core values:

  • Top legal strategies: The legal strategy we craft for your case is specifically tailored to your needs.
  • Transparency: Open and honest communication is a vital component of maintaining positive relationships with our clients.
  • Impeccable performance: We value our long track record of high client satisfaction and have cultivated it into long-term client relationships. We frequently receive clients on recommendation from other attorneys and past clients.
  • Unmatched dedication: We are committed to providing each of our clients with a legal strategy marked by passion, integrity, and dedication.

FAQs

Q: What Type of Lawyer Is Ideal for Trusts?

A: The ideal type of lawyer for trusts depends on your specific needs. If you need to create and implement a trust, then an estate planning attorney can help you. If you need to challenge or defend an existing trust, then a trust litigation lawyer will be ideal for you. Speak with our legal team today to determine which lawyer is right for you.

Q: What Are the Odds of Successfully Contesting a Trust in Calabasas, CA?

A: Determining the odds of successfully contesting a trust in Calabasas, CA, depends on the specific circumstances. If you have evidence to support your claim that cannot be easily dismissed, your case is more likely to be successful than if you had little to no evidence for your claim. Additionally, retaining an experienced trust litigation lawyer can make all the difference in the outcome of your case.

Q: Are Living Trusts Only for the Wealthy?

A: Living trusts are not only for the wealthy. They can be an asset to many people’s estate plans. The benefits of trusts are often significant, regardless of the estate’s total value. Trust litigation arises when a trust is challenged or contested. Trust litigation attorneys can help you fight for the trustee’s wishes and your inheritance.

Q: Do I Need an Attorney if I Want to Challenge a Trust?

A: If you plan to challenge a trust, it is often recommended that you retain an experienced trust litigation attorney. They can help you determine if you have grounds to challenge the trust and advise you on how to proceed with the challenge. Contesting a trust is a complex process, and having a trust litigation attorney can significantly impact the outcome.

Effective Trust Litigation Legal Support

If you have questions or concerns about trust litigation, connect with Barry Law Group for an informative consultation.

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Barry Law Group is comprised of attorneys and longtime staff members who are committed to the success of your legal matter. The firm understands that for most litigation is uncharted worrisome and often terrifying.