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Some of these areas are: TLD Law handles many types of trust and estate lawsuits including elder abuse claims, trust challenges, and fiduciary accounting matters. In California, the Elder Abuse and Dependent Adult Civil Protection Act allows a civil tort lawsuit against the perpetrator of financial elder abuse against a person or entity who has wrongfully taken, concealed, or disposed of property of an elder or a dependent adult with the intent to defraud. Schedule an appointment with a knowledgeable trust litigation attorney in Orange County today. Remember, trust administration should be a collaborative process! If you suspect an elderly trustor has been subjected to elder abuse that resulted in damage to the trust, it might be possible for you to bring a claim against the person you believe to be the perpetrator. We are skilled at negotiation and alternative dispute resolution (ADR) methods, and we draw upon that experience to resolve family disputes amicably whenever possible. The litigation process and are determined to provide the highest level. As a certified specialist in those areas of law and with his many years of experience in litigation, Mr. Wittick believes that he brings an expertise which serves as an advantage to his litigation clients. Likewise, if the trustor had set aside trust funds for a child's college education, but the child decides not to go to college, the trustee can withhold their disbursement until they reach a certain age. Will and Trust Contests.

Trust Litigation Attorney Orange County

While a will contest or trust contest can be a stressful experience for people who have recently lost a loved one and are now finding themselves on opposite sides of a dispute, it is important to clarify the intentions of the deceased person, and it is our experience that most estate litigation can be resolved before trial. My attorney Dana was professional yet tough when she needed to be. Contact us now to find out how the process of removal works and how we can protect your rights. Our firm handles a wide range of estate and trust litigation matters, including: - Will and trust issues — We handle all issues pertaining to wills and trusts, including formation issues, will contests and compelling and challenging accountings. Our experience in routine drafting and trust administration results in our litigation attorneys being especially skillful and knowledgeable in trust litigation scenarios. Resolving Family Estate Disputes. Orange County, CA Probate Attorney.

Orange County Trust Attorney

Sometimes an older person is tricked into signing a trust that does not reflect their natural intentions because they have been deceived, intimidated or confused by undue influence. Most attorneys offer free initial consultations to prospective clients. Financial Elder Abuse and Undue Influence Litigation. As noted above, the attorney you choose should devote a substantial portion of his or her practice to trust administration. Discuss your situation with our Fullerton and Bellevue trust litigation attorneys today. Decisions for you and your family. This allows our client to have the highest quality of legal representation without having to advance substantial legal fees along the way. California Welfare and Institutions Code sections 15610. Some common examples of undue influence are when a family member, friend or caregiver convinces an elderly adult to change a trust or will in his/her favor or when a financial power of attorney mishandles the financial affairs of a senior, taking assets out of the elder's estate and putting them in the individual's own name. BAKER & BAKER: Experienced Trust Litigators in Orange County and Surrounding Cities. "Verlan managed to accomplish what so many probate attorneys had told me could not be done.

Trust Litigation Attorney California

Elders can be particularly susceptible to fraud and exploitation of their wealth. Living trusts and testamentary trusts vary as to when they become effective — during the creator's lifetime or after the creator's death. Although a trust is designed to make things go smoothly after the death of a loved one, disagreements between trustees and beneficiaries can complicate the process. Dana Heyde has solid knowledge of Estate and Trust issues and I am very pleased with the quality of work performed on my behalf. California law includes protections for spouses and children who are inadvertently omitted as beneficiaries from a decedent's trust. If a trustee engaged in any of the above behavior, a beneficiary or trustor may bring an action to either eject the trustee from their position or force them to account for any lost assets. We serve clients throughout Orange County and the surrounding area, including Los Angeles, Riverside and San Diego counties. We work closely with our clients to gain an understanding of their needs, goals, and family dynamics, so we can craft estate planning documents that truly reflect their wishes. You will find Keystone's responses to the most common trust litigation questions below. As a full-service law firm, our estate, trust and probate litigation attorneys are known as among the most reputable throughout Riverside, San Bernardino, Orange County, Los Angeles and San Diego.

Will And Trust Attorneys Near Me

The influencer's apparent authority, evidence of which may include: "status as a fiduciary, family member, care provider, healthcare professional, legal professional, spiritual advisor, expert, or other qualification. Free Consultation Probate, Divorce and Family. Dental insurance paid by firm. We protect the rights and interests of beneficiaries against negligent trustees and creditor claims. Identifying and collecting assets. Probate administration includes the entire process of implementing the decedent's will and winding up all of their financial affairs death. Understanding the scope of trust administration is crucial to ensuring that an estate is distributed as the decedent intended. And help you understand what you're facing so that you can make the right.

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Often times, your only guidance is the Trust, which is filled with legal jargon. Trusts are often established prior to a trustor's death to provide an alternative to wills and to avoid the cost of probate court. Protecting Legacies And Clients' Interests In Estate And Trust Litigation. Beneficiaries and trustees rely on the experience of the attorneys at Cottle Keen Lopiccolo & Heyde to assist them through this process. Walter Robert Price.

Has the lawyer worked on other cases similar to yours? How a Trust Attorney Can Help. Trustees are tasked with several responsibilities, many of which they lack the experience to perform without legal guidance. Anyone, including financial institutions and their representatives, care providers, friends, family members, and even a spouse can commit financial elder abuse.

Does the lawyer seem interested in solving your problem? Sabrina C. Fernandez. Credit shelter trusts: A credit shelter trust, also known as a bypass trust, allows a trustor to pass along a certain amount of trust assets to a spouse recipient tax-free. Consider the following: Comfort Level. Trustees and executors under fire. The courts only rule on trust matters when certain aspects of a trust are being disputed by the parties involved. In those situations, we can protect you from personal liability by taking certain actions ahead of time. Spanish language services are available. I was lucky to have Verlan on my side. Over our 15 years in practice, we have held trustees accountable in settlement and in trial, forcing them to reimburse stolen funds and obtaining fees and penalties. Experience Can Never Be Underestimated. Knowledge of and preparation of fiduciary accountings a plus. She really fought for me and eventually got the judge to void the document.

Complying with all federal and state trust administration and tax laws. Think of it this way, you wouldn't hire your family doctor to perform open heart surgery. Many elders do not have significant cognitive impairment, yet are still highly susceptible to undue influence and can be taken advantage of by someone they trust. Although money shouldn't be the sole factor you consider when choosing a family trust lawyer, it's important to determine a prospective attorney's fee structure during your initial consultation. Our wills and trusts attorneys have experience with the most common types of estate planning documents, including living trusts, pour-over wills, durable power of attorneys and advanced health care directives. Estate planning documents are unclear and dispute how the provisions should be carried. Probate lawsuits should be a last resort. Claims of undue influence. We make sure that our clients understand costs, risks and potential gains or losses associated with negotiations, mediation or litigation. At the Gostanian Law Group, we advise trustees, executors and beneficiaries with probate disputes such as: - Trust contests and will contests: If you believe a loved one did not have the capacity to execute their estate documents or that someone influenced them to make changes, you may need to contest those documents to ensure that the decedent's true wishes are carried out. We also understand that trust administration is a team effort, so our talented trust lawyers will answer any and all questions you may have as we help you ensure that the terms of the trust are faithfully executed. It is crucial to the management of a trust, since trustees have a duty to keep a trust's beneficiaries reasonably informed about the trust's incoming and outgoing assets.

Prepared to Go to Court If Necessary. This type of trust allows trust assets to remain tax-free even if the value of the trust grows due to investments. Probate litigation can be complex and sometimes overwhelming. So, before you hire an attorney, you must ensure that you understand the cost and payment structure.

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