Granada Hills Trust Litigation Lawyer

While most of the time trusts create clarity and clear guidelines for managing an estate, there can be complex legal issues that are difficult to resolve. Trust litigation can be necessary if there are serious disputes over the creation of a trust, the management of trust assets, or actions of trustors or trustees. If you are involved in a trust-related dispute, it is important to work with a Granada Hills trust litigation lawyer who can protect your rights.

Why Work With Us?

With over 70 years of combined experience, the team of attorneys at Barry Law Group has helped countless families handle complex situations involving trusts, wills, and other legal documents. We understand how stressful these issues can be, which is why we offer compassionate guidance and consistent representation to help you resolve an issue swiftly yet effectively.

Understanding the Role of a Trust

A trust is created by a grantor and contains instructions for how an individual, called a trustee, should manage and distribute their assets. When the grantor passes away, the trust allows assets to be transferred to beneficiaries according to the guidelines established in the trust document. Over 10% of all Americans have set up a trust.

Often, trusts provide benefits such as avoiding probate. However, when an issue arises, a court case may still be necessary. In Granada Hills, these cases are typically handled through the Superior Court of Los Angeles County, at the Stanley Mosk Courthouse at 111 North Hill Street, Los Angeles.

Common Types of Trust Litigation Cases

Breach of fiduciary duty is one of the most common reasons for a trust litigation case. It involves a trustee violating their legal obligation to act in the interest of the trust and the beneficiaries. Many different actions may qualify as breaching fiduciary duty, including:

• Using trust funds for personal benefit
• Mismanaging assets, such as through reckless investment decisions or neglecting physical property that requires maintenance
• Failing to keep accurate and transparent financial records
• Showing bias towards one beneficiary over others due to personal reasons

Oftentimes, these cases occur because an individual believes that the trust is not legally valid. In California, there are strict requirements for a trust to be legally valid, and missing one of these requirements may mean that the trust’s instructions for the trustee cannot be relied on. Common reasons why a trust may be invalid include:

• If the grantor lacked the mental capacity to create a trust, such as if they made the trust while suffering from cognitive decline or a medical event that prevented them from understanding the contents and consequences of the trust
• If another individual, such as a caregiver or family member, had undue influence over the grantor
• Fraudulent documents
• Having forged signatures
• If the will was not signed

Sometimes trust disputes arise because a legally valid trust has ambiguous or confusing language. This can make it difficult to interpret the document, often requiring the court to review the trust and rule on how certain provisions should be interpreted.

Why You Should Hire a Trust Litigation Lawyer

When a trust case proceeds to litigation, the case becomes even more complex, with specific trust litigation laws that must be followed and strict court procedures to be aware of. Throughout a case, a Granada Hills trust litigation attorney can help you by:

• Clarifying complex legal language
• Explaining California’s trust litigation laws
• Gathering evidence
• Facilitating negotiations
• Representing you in court

A Granada Hills trust litigation attorney can represent various parties. Whether you are a trustee who has been accused of breaching fiduciary duty, or are a family member who is concerned about the validity of a trust, it is worth it to hire a trust litigation lawyer who can help you take the right steps to resolve the case.

FAQs

What Does a Trust Litigation Lawyer Do?

A trust litigation lawyer represents you during the legal dispute, builds a strong case supporting your argument, and guides you through court proceedings. The specific roles of a lawyer can vary depending on your needs and the specific issues involved in your trust litigation case. However, in general, they are a source of legal guidance and representation for beneficiaries, trustees, or other interested parties throughout a dispute.

What Are the Downsides of Litigation?

The downsides to litigation are that it can be financially expensive, time-consuming, and emotionally challenging. Litigation tends to require more time than negotiation, as there are more court hearings and meetings needed. This not only increases the amount of time you may have to spend on the case, but it leads to higher legal fees. Many people also find that litigation causes more strain on their personal emotions and relationships.

How Long Do You Have to File a Trust Litigation Case in California?

The amount of time you have to file a trust litigation case in California depends on the specific type of case. For example, you have 120 days from when you were served by the trustee to challenge the trust’s validity. However, if you are filing a case involving breach of fiduciary duty, you may have more time. The specific deadlines can also change depending on when you realized the issue or were served the document.

Can a Trust Litigation Case Be Settled Even After the Court Case Begins?

Yes, you are able to settle a trust case at any point, even after a trust litigation case has officially begun in court. Often, the court encourages parties to attempt negotiations or other methods of alternative dispute resolution throughout a trust litigation case. If you are able to settle a case, it can be beneficial by helping you reduce costs, save time, and achieve an outcome that both you and the other party agree on.

Reach Out to a Granada Hills Trust Litigation Lawyer Today

A skilled attorney from Barry Law Group can help you minimize the confusion, stress, and cost of trust litigation. Contact us today to set up a consultation.