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. Though not all people are eligible to create a trust, those who are eligible often find that it is 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 we have a deep understanding of complicated trust laws. This gives you an advantage in the court room 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 expertise that can benefit your case, no matter how complicated it may be. We are ready to work diligently with you and your family to find a resolution to your issue, and we will not shy away from using the full extent of the law to make sure 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, they do not have to pass through the probate system. This maximizes the assets that end up with her grandchildren and minimizes the amount that is taken by the state.

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 for trust litigation. 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 start to build your case together. This consultation gives you a better idea of the process and what to expect.
2. File a Petition
   When 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 accumulate the 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 phase.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 scenario.

FAQs About Los Angeles, CA Trust Litigation Law

How Do I Sue a Trust in California?

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

What Do Complex Litigation Lawyers Do?

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.

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

The cost to contest a trust varies based 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.

Is It Difficult to Contest a Trust in California?

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.

Do Trusts Have to Go Through Probate?

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 sue 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.