Woodland Hills Trust Litigation Lawyer

When a loved one passes away, trying to navigate the next steps can feel impossible for those left behind. Depending on their estate and the depth of the plans they made before passing, you may be facing the probate and trust process. Working with a Woodland Hills trust litigation lawyer can make legal proceedings easier to face.

Hire a Trust Litigation Lawyer That You Can Rely on for Help

Here at Barry Law Group, our attorneys have years of experience helping California residents through the toughest of cases, including estate litigation, probate administration, and trust litigation. For over 30 years, we’ve worked tirelessly to ensure the most favorable outcome in client cases. We’re proud to offer residents of Woodland Hills a free consultation to discuss their unique situation.

After expressing your desires for the outcome of your case, our attorneys can explain state law in detail and expectations for your case. From there, you’ll have the knowledge needed to make informed decisions.

What Is a Trust?

A trust is a legal tool that can take effect during the creator’s lifetime or after they pass away. That person puts their property into a trust for a beneficiary.

While any adult can create a trust, it’s common for older individuals to create one as a part of their estate plan. In 2023, 16% of Los Angeles County residents were 65 and older. These residents require a competent estate plan to ensure proper handling of their assets when they pass away. The different kinds of trust include:

1. A testamentary trust: This trust takes effect after death and is a part of a will. For example, a parent’s will may create a trust that distributes money to a child in stages, such as at age 18, 25, and 30.
2. A special needs trust: This is set up to help a person with a disability who receives public benefits. For example, a parent may set up a trust for a child with disabilities to pay for medical care, therapy, and education without interfering with the child’s eligibility for Medicaid or SSI.
3. A charitable trust: This type of trust is used to give assets to a nonprofit organization or charity.
4. A living trust: This type of trust is created while the person is alive and can provide rules for how property is used during their life and after they die. Living trusts can help manage property and allow it to be distributed without going through the full probate process. Probate can take a long time and be expensive, but assets in a trust usually go directly to beneficiaries. This makes it easier on the loved ones left behind.

The Importance of Trust Litigation

As of 2023, the average income in Los Angeles County was $87,760. Depending on the assets placed in the trust, it may be of high value and require extra careful handling.

Trusts need a trustee to manage the property and make sure it’s used according to the trust’s instructions. Trustees have legal duties to act in the interests of the beneficiaries.

Trust litigation happens when someone goes to court because they believe the trust is not being handled correctly. During this time, it’s important to hire a trust litigation lawyer to help represent you. Trust litigation can include cases where:

• A trustee is accused of mismanaging assets
• A trustee is accused of acting in their own interest
• A trustee is accused of not following the trust’s instructions
• Someone thinks the trust was created through fraud or undue influence
• Someone thinks the grantor did not have the capacity to create the trust

These cases are generally handled by the Stanley Mosk Courthouse, located at 111 North Hill Street in Los Angeles.

What Are a Trustee’s Responsibilities?

The trustee manages the property according to the trust rules and state laws. They can do things like:

• Repair or insure property
• Sell assets
• Make investments
• Pay bills
• Give money or property to the beneficiaries as directed by the trust

The trustee must always follow the trust rules. They have to manage the assets carefully and keep the beneficiaries updated.

FAQs

What Can a Trust Litigation Lawyer Do to Help Me?

A trust litigation lawyer helps people when there is a legal dispute involving a trust. They can review and explain the trust documents, investigate if a trustee has done something wrong, and take legal action to protect the rights of beneficiaries. They can also resolve disagreements among beneficiaries and recover trust property that was taken or used wrongly. In some cases, they can work to remove the trustee or end the trust.

What Is a Revocable Trust Versus an Irrevocable Trust?

A revocable trust is a type of trust that can be changed or canceled by the person who created it. An irrevocable trust is a type of trust that can’t be changed or canceled once it’s created. When assets are placed into an irrevocable trust, ownership of those assets belongs to the trust. While a revocable trust may seem more ideal, each option has its pros and cons. Irrevocable trusts are often created as a way to qualify for Medicare.

What Is Undue Influence?

Undue influence occurs when someone uses their position of authority to manipulate the person making the trust to gain an unfair advantage. This can involve taking advantage of someone’s mental or physical weakness, distress, or dependency.

In California, undue influence is a common reason for challenging a trust. Typically, family members or heirs bring these challenges if they believe someone manipulated the person who created the trust, causing them to be left out or receive less than expected.

How Long Do I Have to File a Legal Claim Regarding a Trust in Woodland Hills, CA?

The deadline for filing a legal claim in Woodland Hills, CA, depends on the type of case being filed. If someone discovers a breach of fiduciary duty by a trustee, they have up to four years to file a claim. If you want to contest a trust, California law generally gives you three months from the date you receive notice of the trust. This notice is a formal document that explains the trust and its beneficiaries.

Choose an Experienced Estate Law Firm in California

When clients choose to work with Barry Law Group, they’re working with longtime California residents who deeply care about the legal rights of their neighbors and community members. Reach out to our team today to schedule your first meeting. We offer free consultations to residents of Woodland Hills and the surrounding cities. When you need support, Barry Law Group is here.