Trust and Probate Litigation
Information on Trust Litigation
Trust litigation involves legal disputes over a Trust, between beneficiaries and trustees. Every California Trust names a trustee. A trustee is responsible for distributing and administering assets held in a Trust to beneficiaries in accordance with the terms of that Trust. Beneficiaries of a Trust are those who receive assets from a trust. (Link to definition on Section 9 Legal Dictionary)
TRUSTEE RESPONSIBILITIES
Trustees owe a legal fiduciary duty to the beneficiaries of a Trust including:
- A duty of confidentiality
- A duty of full disclosure
- A duty of loyalty
- A duty to account
- A duty of impartiality
- A duty of care
TRUST LITIGATION CAUSES OF ACTION
Typically, Trust lawsuits involve legal disputes over the administration of Trust by trustees. When a beneficiary has objections regarding the actions of a trustee, they may file a legal dispute and the Trust may enter litigation. Likewise, a trustee accused of improprieties has the right to defend themselves in their management of a Trust.
TYPES OF CAUSES OF ACTION BROUGHT IN TRUST AND PROBATE LITIGATION CASE CAN INCLUDE:
A Trust Contest
Financial or Physical Elder Abuse Claims and Restraining Orders
Petitions to Transfer Assets into a Trust that Were Unintentionally Left Out
Litigation to Return Property Wrongfully Taken From or By a Trust or Estate (“850 Petition”)
Trust Fiduciary Accounting
Breach of Fiduciary Duty
Undue Influence, Fraud, Lack of Capacity, Elder Abuse
No Contest Clause Litigation
Failure to make Timely or Proper Distributions
Accusations of Theft, Co-Mingling of Funds, or Self-Dealing
Claims of Excessive Trustee Compensation
Tortious Interference with a Testamentary Expectancy
The TEAL team at TLD Law handles all stages of trust disputes and resolution from case review, to pre-lawsuit resolution settlement options, through trust lawsuits. Our team works on behalf of our clients in Trust matters to ensure that your case moves forward and that you remain informed about your case.
The TEAL attorneys at TLD Law have handled many types of trust and estate lawsuits including elder abuse claims, trust challenges, and fiduciary accounting matters. Our experience in routine drafting and trust administration results in our litigation attorneys being especially skillful and knowledgeable in trust litigation scenarios. We offer creative solutions and aggressive handling of trusts and estate matters being litigated in the Southern Californian courts,
Schedule a Consultation
Wherever you are, we are here to help—virtually or in person. Our team is ready to provide the expert support you need.
