Van Nuys Trust Litigation Lawyer
Experienced Trust Litigation Attorney in Van Nuys, CA
When your loved one passes away and has named you as trustee, you are inheriting a lot of responsibility. Along with this responsibility comes the potential for legal challenges that lead to lengthy and difficult litigation. A Van Nuys trust litigation lawyer from our team can assist you in responding to trust disputes efficiently and effectively.
As a family business located in Encino, we focus largely on the litigation and administration of trusts. We have experience with the many types of legal challenges that can occur during trust disputes and want to help you resolve those disputes with as little hassle as possible.
Trustee Liability
Many people don’t realize that being named as a trustee can actually open you up to personal liability if something goes wrong. California’s Probate Code sets guidelines for how trustees are responsible for a trust, and statutes 16400–16403 specifically outline when trustees may be liable for a breach of duty.
Trustees are given what is called a fiduciary responsibility, meaning they are responsible for appropriately managing a trust according to its terms and the interests of the named beneficiaries. Improper administration, neglecting the terms of the trust, or other mistakes can give grounds for another affected party to raise a dispute against the trustee.
Responding to Trust Disputes
Not all trust disputes are related to misconduct by the trustee. People can also choose to contest a trust, much like you would a will. This can occur for many reasons, including the grantor being of unsound mind when creating the trust or the settlor making a mistake.
Whatever the nature of the dispute, responding quickly is important. Steps that we might take to address a trust dispute include:
- Reviewing all terms of the trust to see if a breach was committed
- Examining the mental state, position, and agency of the grantor
- Looking for evidence of manipulation by beneficiaries or other parties
- Keeping track of all evidence related to the dispute
- Addressing claims of trustee fraud
Every dispute is unique, and our strategy must be tailored to the specifics of your case. A deep knowledge of trust litigation laws helps us determine what steps might be needed based on your situation.
Preventing Trust Litigation
If you don’t want to go through litigation as a trustee, one step you can take is making sure you are well-informed and can avoid mistakes that would lead to disputes. This requires knowing both California’s trust laws and the terms of the specific trust you are responsible for.
It isn’t reasonable for every trustee to completely understand these laws. You can work with a trust litigation attorney in Van Nuys, CA before disputes even arise. They can help you prevent those disputes and protect yourself proactively.
When to Hire a Trust Litigation Lawyer
You can hire a trust litigation lawyer as soon as you realize that a legal dispute related to a trust has arisen or will arise. Regardless of the nature of this dispute, a trust litigation attorney can help you address it and figure out how to move forward.
Proper management of trusts is key, not only for your personal relationships but for your legal duty as a trustee. When disputes occur, we can help you with:
- Reviewing existing documents and actions
- Negotiating with other parties
- Having representation in court appearances
- Showing what steps you took to follow the guidelines of the trust
In fiscal year 2023–2024, over 6,351 estate cases were settled by courts in California. Many people prefer to avoid litigation, especially for trusts, but when it occurs, it’s important to respond quickly and thoroughly. Our attorneys can help you do just that.
FAQs
How Much Does a Lawyer Charge for Trust Litigation?
A lawyer’s fees for trust litigation will depend on the price the lawyer sets and the circumstances of the litigation. Generally, the longer a case takes or the more complex it is, the higher the cost may be. This initial cost can help you avoid mistakes that significantly damage the trust, its beneficiaries, or even your legal standing.
What Type of Lawyer Is Ideal for Trusts?
A trust litigation lawyer is ideal for trust litigation. General estate planning attorneys can help with creating and managing trusts, but when disputes occur, you want someone with extensive litigation experience. The team at Barry Law Group has that experience and a dedication to our clients.
Is There a Difference Between an Estate Attorney and a Trust Attorney?
Yes, there is a difference between an estate attorney and a trust attorney. Estate attorneys can handle a broad range of estate planning matters, which can sometimes include trusts. Trust attorneys focus specifically on the creation, management, and litigation of trusts, giving them more experience in the specific issues that trusts can face.
How Long Does Trust Litigation Take?
The amount of time required for trust litigation will vary greatly from case to case. If one party backs down or agrees to specific terms, the litigation may be over quickly. Hotly contested cases, or ones with unclear evidence, may take far longer. Your attorney can help you determine how long your case might take, as well as advocate for you to help speed the process along.
Get Trust Litigation Support Today
While 74% of trust disputes name allegations of trustee misconduct, many times a trustee is just trying to follow the terms and makes a mistake out of ignorance of the law. When that happens, you need a lawyer who understands your position and can help you get back on track.
Barry Law Group has more than 70 combined years of experience working with many kinds of clients. When it’s time to address your case at the Van Nuys Courthouse East, we can represent you with dedication and compassion.
Trust litigation can seem complex, confusing, and frustrating. Working with our team not only gives you quality legal assistance, but can also help you understand the trust litigation process so you feel less lost. We believe you should be fully informed about the legal challenges you’re facing.
It’s important to act quickly when trust disputes arise. Contact our office today to learn more about how we can support you.
