This is a review for a wills, trusts, & probates business in Orange County, CA: "We contacted Nicole Newman as we were very dissatisfied with our prior trust attorney. Some popular services for wills, trusts, & probates include: What are people saying about wills, trusts, & probates services in Orange County, CA? These third-party claims will likely involve disputes which existed between the decedent and the third party prior to the decedent's passing. Counties We Serve: Request a Free Consultation. If you have any questions your attorney will respond to your call within 24 hours. International estate, gift, and income tax planning. California property tax planning and mitigation.
All "trust attorney" results in Orange County, California. There are numerous situations in which the executor of an estate, trustee or the beneficiaries of an estate or trust may become involved in litigation. Our firm's guiding principles are embodied in the statement, "We stand, we fight, we win. " A beneficiary has a right to be notified of the existence of a trust and to receive a copy of the trust. A trust may have been created or amended by an elderly parent who lacked the necessary capacity to make decisions. In addition to third party claims an executor may also be faced with estate litigation which is initiated by a beneficiary of the estate. Frequently Asked Questions and Answers. We highly recommend Newman Law Group. There is NO SUCH THING as an affordable divorce attorney. Trust & Estate Litigation. Estate & Trust Litigation Overview: Typically, in estate ligation the executor of an estate will be faced with claims against the estate's property made by third parties who are not beneficiaries of the estate. A trustee like an executor owes a supreme duty of loyalty to the beneficiaries of the trust and may be forced to litigate to protect the beneficiaries from erroneous or doubtful claims. Scott also has vast experience in probate and trust administration, trust and probate litigation, and the structure and formation of nonprofit ncentration.
You will have direct access to the attorney who will be handling your case throughout your estate planning or litigation matter. In rare cases these claims may involve continuation of litigation which existed between the third party and the decedent prior to passing. Litigation and dispute resolution involving wills, trusts and other testamentary instruments. Our years of experience help us try our best to make your estate plans rigorous and withstand your wishes even in the face of a challenge. We do not regret it! A trust may alter, omit or added to most of the fiduciary duties set forth by statute. Orange County Trust Administration. The knowledge and experience of the attorney representing you in a trust contest can make a difference in the outcome. You have to have legal standing to pursue a trust contest and challenge the terms of the trust. Using Trust assets for the Trustee's own interest.
Get a fast responseSponsoredWills, Trusts, & Probates, Estate Planning LawResponds in about 30 minutesEstate Planning Law, General Litigation, Bankruptcy LawResponds in about 30 minutes. At Walker Law Corporation, we provide zealous representation in a caring individualized manner. Trust and probate administration. Related Talk Topics. Helping Families Resolve Difficult Matters. Call us for a free review of your current situation. Orange County Probate. What are some popular services for wills, trusts, & probates? Executor's are often sued based on the beneficiaries claim(s) that the executor breached their fiduciary duty(s). If you believe that an executor or trustee is not administering the estate or trust in a lawful manner or has made a financially harmful error or omission you have options to enforce your rights and should contact Walker Law Corporation immediately. Trust litigation can be initiated during or after trust administration due to a variety of different reasons. Scott is the Chairman and founder of the Firm's International Tax Group and focuses on income, gift, estate and pre-immigration planning for domestic, nonresident alien and multinational individuals, families, and their business entities.
Above all an executor owes a duty of loyalty to the beneficiaries of an estate and must ensure that all beneficiaries are equally protected. Advise your beneficiaries of your actions, Seek their approval of those actions, and. Los Angeles & Orange County Estate and Trust Litigation. Orange County Probate Lawyer / Orange County Probate Attorney. As a result, many inheritance disputes involve trust disputes and lead to Trust Litigation lawsuits.
Don't trust a vietnamese attorney. Trust Accounting Litigation. Nicole was very thorough and drew us graphs on the chalkboard illustrating how our trust would work after our passing. Orange County Estate Planning. When beneficiaries are kept in the dark about a Trustee's actions, they usually assume the worst. Scott has over 20 years of experience in tax, trust and estate matters and business planning for high net-worth individuals and business entities seeking to minimize their global, Federal and California state taxes. The only way to divorce without emptying your account is to go with arbitration.
Have an orderly administration and distribution of the Trust assets without worrying about a lawsuit down the road. Our goal is to resolve any dispute without going to court, but if you need help we can represent you. While we cannot guarantee a victory in every trust contest, our clients deserve our best efforts at a successful outcome. A trustee's fiduciary duties are typically similar to the those of an executor but may differ according to statutes or the terms specified by the trust instrument. Our attorneys in this practice area routinely handle will contests, allegations of fraud and breach of fiduciary obligations, and accounting proceedings.
If you are a beneficiary of an estate or trust your rights are set forth by statute and/or may be specified by the Will or Trust instrument. Trust litigation can be a confusing matter without a trusted estate planning attorney, as the laws associated with this type of litigation are often complex and can be difficult for a novice to comprehend and act upon. 2601 Main St, Suite 1200. Whether you are the executor of an estate, a trustee, a beneficiary or a third-party claimant you will need representation to be successful in any estate or trust litigation.
Your attorney will be available to you directly and you will not be forced to call a secretary or paralegal with your questions. It is known as trust contests. Our law firm has offices in Riverside, Anaheim, Chino, San Bernardino, and Los Angeles. Our litigators work closely with our estate planning, probate and administration attorneys to review the aspects of a case from a transactional viewpoint and to construct an appropriate strategy. Estate and trust litigation is complex, and the applicable laws can be found under the probate code, civil code, code of civil procedure et al. Drake Loeb PLLC litigators represent corporate and individual fiduciaries, charitable organizations, beneficiaries, and existing trusts in administrative and court proceedings. Wealth-transfer planning to mitigate estate and gift tax. A beneficiary also has a right to get information about the beneficiary's interests in the trust.
Trustee Surcharge Litigation. A beneficiary who is disinherited or disadvantaged under the terms of the trust may contest a trust. Protecting your trust from negligent trustees or from overzealous opportunists is absolutely critical, especially for those who depend on their trust to maintain their lifestyle. A fiduciary is personally liable for all errors or omissions which result in a violation of the terms of the Will or Trust and cause harm to the beneficiaries' interests. California's laws governing trusts are complicated. Trusts are frequently used by families as part of estate planning for parents to convey their assets to children and avoid the California probate process. We have over 40 years experience drafting and administering trusts. Using Trust assets to pay for attorneys fees that were incurred by the actions of the Trustee. A beneficiary may wish to pursue litigation when payments have been insufficient, when the trustee incorrectly values assets before sale or makes crucial accounting or reporting errors. Failing to properly invest the Trust assets. Please call (949) 833-8891 for your complimentary consultation today. In fulfilling the executor's duty of loyalty, they must ensure that the lawful terms set forth in the Will are carried out exactly as specified in the Will. Creditor claims may also be a common cause of trust litigation, as well as other family members who may feel they are entitled to part or all of a trust. How Can I Contest a Trust in California?
They really suck in the grey areas of the law. Kristine M. Borgia Law Corporation is the trial lawyer who focuses on trust and estate litigation. Beneficiaries often pursue litigation in an effort to acquire their full legal rights of a trust, or to protect the assets from creditors who may seek to make a claim against your trust. Trust litigation also involves a trustee being sued by a third party claimant or a beneficiary. Our Approach to Estate & Trust Litigation. Estate and Trust Litigation. If you are an executor or trustee or considering becoming a fiduciary, you should have legal representation to protect yourself from personal liability.
Failing to diversify the Trust's portfolio of financial and real property assets. We invite you to contact us today.