Los Angeles Trust Litigation Lawyer

Trusts are a valuable financial resource for many families and individuals. Those who create trusts do so for many different reasons, all of which can help to benefit the family after their death. Even a carefully worded estate planning document can lead to disputes that require the support of a Los Angeles trust litigation lawyer.

Though not everyone is eligible to create a trust, those who are often find it a beneficial way to organize their assets. Though trusts are often reliable, trust law is ultimately complicated. There are legal issues and disputes that can arise during trust administration. This can cause ongoing problems and delays for you and your family, which can be extremely inconvenient while you are mourning the passing of a loved one.

Trust litigation is the process of resolving any issues that arise between beneficiaries and trustees. Unfortunately, this is a fairly common situation. With the help of a trust litigation attorney, you can resolve your trust issue and move on with trust administration and other key factors involved with the passing of your loved one.

Barry Law Group: Your Los Angeles Trust Litigation Lawyers

Our firm has been helping families with their trust litigation cases for over 30 years. Our team of attorneys is highly trained in this field and has a deep understanding of complex trust laws. This gives you an advantage in the courtroom and helps to ensure your loved one’s wishes are honored and protected.

This area of law is extremely complicated. Many law firms lack the training to handle such cases, but Barry Law Group is different. Our experience has given us incomparable knowledge that can benefit your case, no matter how complicated it may be. We are ready to work diligently with you and your family to resolve your issue, and we will not shy away from using every available legal remedy to ensure justice is served.

What Is a Trust?

Trusts are popular forms of fiduciary agreements, but many people do not fully understand what is involved in a trust. These arrangements allow a third party, also known as a trustee, to hold assets on behalf of the beneficiaries who will eventually receive them. In many cases, this bypasses probate court and allows a family to fully benefit from their loved one’s estate.

For example, a grandmother may put her assets into a trust for her grandchildren (the beneficiaries). She names her son as the trustee, meaning that legally the son has control over the grandmother’s assets. When the grandmother passes, the son must distribute the assets to the grandchildren as they are the beneficiaries of the trust.

In doing this, the grandmother helps her family to avoid probate court because the assets were not in her name when she died, so they do not have to pass through the probate system. This maximizes the assets that end up with her grandchildren and minimizes the amount the state takes.

Can You Dispute a Trust?

Yes, a trust can be disputed in California when there is credible evidence of unlawful or unethical conduct during its creation or administration. Common reasons for disputing a trust include claims of undue influence, lack of capacity, fraud, forgery, or a trustee failing to comply with the trust’s terms.

These disputes often arise when valuable assets are involved, especially in areas like Brentwood, Silver Lake, and Hancock Park, where property values remain high. A beneficiary or interested party can file a petition in probate court to challenge the trust’s validity or a trustee’s conduct.

An experienced trust litigation attorney can evaluate the evidence and determine the strongest grounds for moving forward. These matters are typically heard at the Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, CA 90012.

Responsibilities of a Trustee

Trustees have legal obligations that must be followed. These include the responsibility of managing the trust assets honestly and in compliance with the terms outlined when the trust was created. Trustees must act in the interests of beneficiaries and never use trust assets for personal profit. They are expected to conduct regular accounting and distribute assets in accordance with the terms of the trust. Failing to comply with these steps can leave the trustee facing liabilities.

Why You Should Hire a Trust Litigation Lawyer

If you are involved in a court-related trust dispute, your first step should be to hire a trust litigation lawyer with years or decades of experience handling such cases. A Trust litigation attorney can review your case to see which steps are needed to achieve your goals. An attorney can then rely on their knowledge of Los Angeles trust litigation laws to further your aims, either through negotiation or litigation.

Legal representation can play a crucial role in shaping the outcome of the dispute. There were 63,609 probate filings in California in FY 2023-24, and lawyers played an active role in shaping the outcomes in those cases. Attorneys understand which types of evidence to gather and which strategies are most effective for helping you secure a favorable outcome in court.

If your priority is ensuring that a home is transferred to a trust upon the owner’s death, for example, your lawyer can make sure the proper documents are in place for that transfer to happen automatically. The average home value in Burbank is $1,160,955, suggesting that those steps can significantly influence the outcome of probate cases.

Trust Litigation

Trust litigation occurs when there is a dispute about the trust or trust administration. These disputes often occur between beneficiaries and trustees. Some common disputes include:

• A claim that someone had an improper amount of influence over the person when they created the trust
• A belief that the grantor (or trust creator) was not in their right mind or was mentally incapacitated when they made the trust
• An accusation that the trustee has committed some wrongdoing in relation to the accounting
• A suspicion that the trust has been interfered with

These claims can arise for both legitimate and illegitimate reasons. Sometimes, beneficiaries do not receive the inheritance they wanted and file for trust litigation out of spite or anger. In other situations, a trust administrator does not act honorably, and the beneficiaries file a legal claim against the trust. In yet other situations, there is an honest misunderstanding or error that must be rectified.

With the help of a trust litigation attorney, you can address your legal concerns surrounding a trust. As the beneficiary or the trustee, you can file your case with the help of proper trust litigation lawyers.

Steps of Los Angeles Trust Litigation

If you have a legal problem with a trust, you need to hire a litigation law firm to represent you. These claims are complicated, and it is extremely difficult to navigate the litigation process on your own. There is a good chance of losing your case without an attorney present.

Our team understands that trust litigation is intimidating. To help make it more approachable, we have outlined the steps for a standard trust litigation process.

1. Consultation
   Our first step is to speak with you about your issues and address any initial concerns that you may have. We try to understand your objectives and issues and we start building. This consultation gives you a better idea of the process and what to expect.
2. File a Petition
   Once we have developed a plan, we file a petition for trust litigation through probate court. The court reviews your situation and sets a case number and hearing date for the case.
3. Response
   After you file your petition, the opposing side has the opportunity to respond to or oppose your claim. This helps the court to label the scenario as “contested” or “uncontested.”
4. Investigation and Discovery
   During this phase, both sides gather evidence and witnesses that they plan to use during the trial if it ever occurs. It is your attorney’s job to determine the evidence that is necessary and how to obtain it.
5. Settlement
   Many trial litigation cases settle before they even go to trial. This occurs when both parties come to an agreement with the help of their attorneys.
6. Trial
   If the case does go to trial, we present the evidence and witness testimony that we accumulated during the investigation and discovery phases.Your attorney is going to keep you notified of any changes or developments in your case. Of course, there are many details in each of these steps that depend on your unique situation and circumstances. Working with an attorney means you get personalized care that is tailored to your situation.

FAQs About Los Angeles, CA Trust Litigation Law

Q: How Do I File a Claim Against a Trust in California?

A: Though you cannot file a claim against a trust itself, you can file a claim against the trustee for several reasons. Many people choose to do this because they feel the trustee has altered or misrepresented the trust. If you believe that a trust or trustee is not viable, you should hire an attorney right away. We can help you begin the process of filing a complaint against the trustee in probate court. From here, trust litigation can begin.

Q: What Do Complex Litigation Lawyers Do?

A: Complex litigation lawyers handle situations in which their client is pressing charges against a company or entity with a lot of resources and a large legal team. Complex litigation lawyers often have to fight against teams of in-house attorneys and legal representatives, which can be difficult. If you have a trust that involves a significant amount of money, stock, or ownership of a company, you should look for a complex litigation lawyer.

Q: How Much Does It Cost to Contest a Trust in California?

A: The cost of contesting a trust varies depending on your situation. There is a $500 fee to file your complaint, and your attorney’s fees depend on their experience in the field, their fee structure, and the amount of time that the case takes. If you are thinking of contesting a trust, be sure to discuss your finances with any potential attorneys before you hire them. This helps the process to go more smoothly and ensures you can afford the process.

Q: Is It Difficult to Contest a Trust in California?

A: Contesting a trust is one of the more difficult types of cases. If you are thinking of contesting a trust, you should know that many scenarios are difficult to prove. An attorney can give you a better idea of how strong your case is and the likelihood of you winning. If you believe you have a case, you should always speak with an attorney to determine if the next steps are feasible and practical.

Q: Do Trusts Have to Go Through Probate?

A: Not necessarily. Many trusts do not need to move through probate court, which often shortens the probate process for the deceased’s family. However, if you decide to contest a trust or file a claim against a trustee, your complaint moves through probate court. You may still have to deal with probate court, even if your loved one had a trust.

Contact Barry Law Group for Trust Litigation

For over 30 years, our team has been helping Los Angeles families move through trust litigation. This process can be emotionally and financially difficult, which is why we are proud to offer such comprehensive and reliable services. Our clients return because they know we can help them with any issue or claim they may encounter.

For more information about our trust litigation services, please contact Barry Law Group online today.