Long Beach Trust Litigation Lawyers Assisting Clients Dealing With Trust Litigation Issues
Trust is a common estate planning option for people who wish to have greater control over how their money is passed on while avoiding probate. Every trust has a set of rules that specify how it should be set up, run, and ultimately dispersed to beneficiaries. We will guide you through that process to best serve your needs.
Trusts are not perfect, and family members may occasionally have disputes about a trust. Our attorneys’ discussions of trust litigation in California cover your choices for pursuing legal action and starting a trust dispute.
In California, may trusts be contested?
Anybody in California with the legal authority and sufficient justification to file a lawsuit to oppose a trust may do so. Similar to how you would file a case with the court that has jurisdiction over the trust, the procedure is identical to contesting a will. Most trust kinds can be challenged whether a trust is revocable or irrevocable.
It is not always easy to win or follow the procedure. To ensure you have a strong case before starting a trust challenge, consult with an experienced trust litigation attorney. If you are merely unhappy with your inheritance, the courts will probably not find your claim genuine. Your lawyer might be able to assist you in developing a solid argument that will increase your chances of success.
What Precedents May Be Used to Challenge a Trust in California?
The most frequent justifications for starting a trust challenge include coercion or excessive pressure, fraud, or a lack of mental capacity. A trustor may have been the victim of oppression if a family member believes an adult child may have pressured an aging parent to establish the trust or amend its conditions to benefit that person.
You may also be able to dispute a trust if the person was suffering from an illness that affected their mental capacity when the trust was established or amended, such as Alzheimer’s or dementia. If you can show that the trustee engaged in fraud or acted in bad faith, it might be another justification for filing a case.
Suing based on a trustee’s breach of fiduciary duty is another possibility. To be sure you have sufficient legal grounds for a trust challenge, it could be in your best interest to see a attorney before taking any more action.
Who Has the Right to Start a Trust Contest?
You may meet a few prerequisites to be qualified to start a trust contest. To begin with, you probably need to have legal standing, which is a notion with a comprehensive definition. Essentially, it implies that you are one of several parties with a property interest that the battle might impact. This might include creditors and beneficiaries like heirs, children, spouses, and other family members.
Another possible need is that the party seeking to file a lawsuit must demonstrate that the trust is causing them to suffer a financial loss. This individual should be able to show that if the trust they want to dispute didn’t exist, they would benefit financially more.
Why Should I Choose an Attorney for Trust Litigation?
Contesting trust is a challenging, time-consuming, and sometimes painful procedure. You need to gather enough evidence to develop a good case and take all the appropriate processes to get the court to consider your case. An attorney can not only help you with the mechanics of the trust litigation procedure, but he or they can also aid you with the significant effort necessary to prepare your case while keeping in mind your objectives.
Our legal team at Barilari & Williams, LLC is experienced in all facets of trust litigation and can help you from the beginning of your case to its conclusion. We have helped many customers in Long Beach and the surrounding regions and fully know how to construct and present a compelling trust lawsuit case to the courts. Call us at 888-EST-PLAN to explore how we can help if problems with a trust are putting your inheritance or financial security in danger.
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