Trust Litigation

A California trust litigation lawyer can help you and other beneficiaries of a trust who believe that you have been harmed as a result of the actions completed by a trustee. California rules related to the formation and management of trusts are found in CA Prob Code § 15000 et seq. Trust litigation is generally described as civil lawsuits filed in California probate court and can include significant issues around a trustee’s behavior or a trust itself. Trust litigation has to do with multiple causes of actions or claims but usually falls into one of the following categories:

Trustee removal
Petition for instructions
Dispute between co-trustees
Disputed trust accountings
Breach of fiduciary duty

All of these are serious issues that require the legal insight of a California trust litigation lawyer who has been practicing in this field for some time. Whether you are the trustee who has been accused of wrongdoing or a beneficiary who is concerned about protecting your inheritance, you deserve to know your rights and how to proceed.

Concerns that May Lead to Trust Litigation in California

There are many types of disputes or concerns related to the management of a trust that may lead to trust litigation. Examples include:

You are a beneficiary of a trust and worried about a trustee’s honesty or competence
You are currently serving as a trustee and have been accused of misconduct but are not sure how to respond to an unreasonable or demanding beneficiary
You are currently serving as a trustee and a beneficiary has asked you for an accounting
You are a co-trustee who is having difficulty working with the other trustee
You are a beneficiary to a trust but a trustee is refusing to answer your questions
You are a trustee who has made a mistake and is concerned about how to fix it

In all of these circumstances you need to understand the legal elements of your case as well as possible opportunities to proceed. A trust litigation attorney in California can help with this. Being accused of breach of fiduciary duty is a serious matter. California probate code outlines that a trustee has the duty to account, maintain confidentiality, administer the trust according to its terms, not to delegate certain functions, loyalty, the duty to furnish trust terms upon request, responsibility to furnish information to a beneficiary who has made a reasonable request, the duty of impartiality and the duty to avoid conflicts of interest. When a trustee has been accused of violating one of these terms, this can be quite serious and could give rise to a claim for breach of fiduciary duty.

Other common types of estate litigation have to do with disputes over trust accountings. Beneficiaries might suspect that a trustee has breached fiduciary duty but are unable to prove it. Likewise, a trustee who has been wrongfully accused by a suspicious or unreasonable beneficiary has a vested interest in retaining legal counsel to represent their rights. In either of these circumstances, both parties should maintain their own legal counsel to ensure that someone is representing their best interests in court. If you find yourself in these situations you deserve to have the support of an trust litigation attorney serving California who has practiced in this field for many years.