Culver City Trust Litigation Lawyer

Culver City Trust Litigation Attorney

If you’re a trustee or a beneficiary named in a trust and are concerned about an issue with the trust document or the behavior of another involved party, consider speaking with a Culver City trust litigation lawyer. When trustees or beneficiaries have trouble deciphering the trust, suspect unfairness occurring, or other possible disputes arise, trust litigation is often necessitated.

The law firm of Hinojosa & Forer LLP helps clients and their families with various litigation and contentment matters within estate planning and maintenance, including those related to conservatorships, wills and trusts, probate, and more.

Trusts in Estate Planning

Estate planning encompasses all legal matters related to the management of an individual’s property and financial assets in the event of their incapacitation or death. This area of the law includes powers of attorney, living will and testaments, in addition to trusts and trust estates.

A trust is a type of estate planning account some people install instead of a will in order to bypass the need for the probate court to intervene, saving their beneficiaries from the potential fees and complexities of the probate process; in establishing a trust, the settlor (the creator of the trust) ensures the majority of their estate goes directly to the beneficiaries.

A trust estate is all properties and assets that make up the trust, such as real estate, funds, bonds, stocks, jewelry, etc. When drafting a trust, the settlor appoints a trustee; the trustee, or co-trustees if there’s more than one, is responsible for managing the estate when the time comes to carry out its terms. The trust estate technically belongs to them, and they’re obligated to act on behalf of it.

Despite trusts being created to avoid conflict, several issues regarding property division or matters of inheritance still transpire after the settlor’s death or incapacitation. Sometimes disagreements arise between a trustee and a beneficiary or between co-trustees, making litigation necessary wherein involved parties may want to consult with a trust litigation attorney.

How Trust Litigators Can Help You and Your Family

Once the settlor has passed, they obviously can no longer clarify their intentions within the trust or what their wishes were regarding how their estate should be managed. Additionally, it’s not unreasonable for a trust to contain mistakes, be unfair or convoluted, or for a well-prepared trust to be mismanaged once activated.

Regardless of what issues may arise, trust attorneys are there to provide trustees, beneficiaries, and families with key knowledge and guidance as they navigate the complex legal process. The job of trust litigation lawyers is to diminish the potential or duration of any disputes by swiftly moving forward, finding resolutions to vague portions of a trust, reviewing financial records, or otherwise mediating contesting sentiments about the settlor’s intentions with the trust.

These are some of the problems that can commonly present during trust litigation that could benefit from the assistance of an experienced estate planning and trust attorney in Culver City:

• Doubts surrounding the settlor’s capacities or undue influence from another party when the trust was crafted.
• The trust may contain errors, be poorly written, or be seemingly tampered with.
• One or more beneficiaries are making demands that conflict with the settlor’s desires.
• Disgruntled beneficiaries express wanting a larger claim of the trust, independent of the trustee’s management of the estate.
• A trustee refuses to show the involved parties the trust or provide relevant financial information.
• The trustee misinterprets the settlor’s intentions and wishes for the trust, purposely or accidentally.
• A beneficiary doesn’t believe the trustee is managing fairly or appropriately.
• A trustee is negligent toward or puts little effort in managing the trust and/or is failing to fulfill their fiduciary duties.
• A co-trustee suspects their fellow trustee of mishandling the trust.
• A trustee abuses their power by managing the estate in a way that benefits them instead of the beneficiaries.

FAQs

Q: What Is the Statute of Limitations for Trust Litigation?

A: In California, there are multiple statutes of limitation when filing for trust litigation. If you wish to contest the validity of a trust, the claim must be filed within 120 days from the date the trustee sent Statutory Notifications to the parties involved. For filing a claim against the trustee, the deadline is three years from discovering the trustee’s misconduct.

Q: Are Trusts Filed With the Court?

A: No, trusts are not filed with the court but may instead be accessed by contacting the trust attorney who helped draft the document, the county recorder, or the trustee of the estate. If you are named in a trust and requested a copy of it from the trustee to no avail, it’s advised to seek the counsel of a competent trust litigation lawyer.

Q: How Long Does a Trustee Have to Settle a Trust?

A: There’s no immediate deadline in which a trustee must settle the trust and the amount of time it may take them will depend on the circumstances. Influencing factors include how complex the trust estate is, the specific instructions outlined in the trust document, whether there are any disputes with the beneficiaries and any other potential legal matters.

Some trusts may take only a few months to distribute the assets if there are minimal complications, while others may take much longer.

Q: How Are Trust Litigators’ Legal Fees Paid in CA?

A: Your trust estate litigation attorney may choose to charge hourly for their legal services or will elect to take a percentage of the trust’s overall value. The total cost of a trust lawyer’s work on your case will vary, largely influenced by how long it takes to settle the matter, the complexity of the issue(s), and the value of the trust. You can discuss an attorney’s fee structure and rates with them before hiring them.

Qualified Trust Litigation Representation and Guidance

The professional team at the law firm of Hinojosa & Forer LLP is committed to assisting the parties involved in a trust’s management and settlement. Contact our office today to get the experienced insight and advice of an educated and skilled estate planning and trust litigation attorney.