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After meeting with our clients, we are able to advise them regarding payment options. Our thorough case preparations are part of the reason why our trial success rate speaks for itself. A trust litigation attorney can provide guidance on the type of financial exploitation claim to bring. Every client is entitled to a free consultation.
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To understand trust litigation, one must first understand the purpose of a trust. Paying all trust taxes, expenses, and debts. We make sure that our clients understand costs, risks and potential gains or losses associated with negotiations, mediation or litigation. Living trusts and testamentary trusts vary as to when they become effective — during the creator's lifetime or after the creator's death. Significantly, undue influence doesn't necessarily go hand in hand with lack of mental capacity; one can be unduly influenced while still retaining capacity. Our attorneys are here to help families, charitable organizations and others with interests in estates work through problematic issues in pursuit of cost-effective, fair resolutions. Unfortunately, there is no roadmap for acting as Trustee.
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Whether you live here or in another state or country, we can provide you with the trusted, local counsel you need in California probate courts. Noteworthy accomplishments by members of our team include: Our lawyers specialize in trust litigation in California. Through a tough time – and we want to be a comforting and compassionate. As an heir, trust beneficiary, will beneficiary, bank account beneficiary, investment account beneficiary, 401k beneficiary, life insurance beneficiary, or joint tenant, you have rights, and we have the experience to advise you of those rights, any limitations, what you can expect, when you can expect it, and how much it should cost to get it. Your Trust concerns will be carefully reviewed and you will be advised as to the best course of action. In the field of estate planning, we prepare revocable trusts, irrevocable trusts, QTIPs, GRATs, wills, advance health care directives, and community property agreements, among other components of an estate plan.
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The answer to this question depends on many factors, including the complexity of the trust and whether the trust is subject to any disputes or litigation. With many revocable trusts, the trustor, trustee, and beneficiary are all the same person. Her ability to get opposing counsel to respond accurately within given time frames was impressive to us as we had dealt with him many times prior to employing your firm to handle it for us. If you are in the process of drafting a trust document, contesting a trustee's actions, or contesting a beneficiary's actions, do not hesitate to contact the attorneys of Boyd Law. You should immediately seek legal advice from an attorney regarding your situation. A beneficiary can feel helpless as they watch a derelict or non-responsive Trustee engage in negligent, irresponsible, or sometimes malicious behavior. Work closely with firm members and clients (in writing, in person and by telephone) to ascertain and modify client goals, collect evidence, answer questions about law, facts, procedures and case status; - Interviewing prospective clients; rendering legal advice; preparation of legal documents; developing a caseload. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning. We regularly represent Trustees that have made mistakes, big and small. Compare 106 top rated California attorneys serving Orange County. There can be multiple trustees, and the trustee can be a person or a corporation with trust powers, such as a bank. We see it all of the time. A Strong Advocate on Your Side In Estate Litigation.
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The Guide to Family Trust Embezzlement and Stealing. Free Consultation Orange County, CA Probate Attorney with 13 years of experience. We will meet with you, listen carefully to your story, review your documents and advise you of what to expect and how we can assist you. As a full service law firm serving Southern California since 1897, Reid & Hellyer APC provides comprehensive estate planning and litigation services for large and small estates. Read more about beneficiary rights.
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"- James C. "Mr. Herbold was extremely honest with information and probable outcome. He had placed all the assets I'd worked hard for all my life into an irrevocable trust and named himself as the trustee. Whether it is characterized as financial elder abuse, or simply undue influence, the result is the same, your loved ones changed or created a Trust or Will that was not the product of their wishes, but those of someone else. If you are involved in a conflict concerning a will, trust or estate, Buffington Law Firm, PC, can assist. Probate, Administrative, Employment and Personal Injury. In 1980, prior to having any grandchildren, the client's grandfather created six (6) separate irrevocable trusts that were, by and large, identical to one another. With decades of experience on our side, we can walk you through the process. Combine those constricted time frames with the complicated probate procedures that must be followed to protect a claim and you can see why many creditors fail to secure pursue any claim at all and how trustees and executors fail to properly process creditor claims. Ultimately, our goal is to make sure that you feel confident and comfortable. If you suspect wrongdoing by a trustee, it is imperative to act quickly and to get seasoned legal counsel to ensure that assets are not drained from the trust estate, limiting losses to the beneficiaries. Probate Lawyers in Nearby Cities. Think of it this way, you wouldn't hire your family doctor to perform open heart surgery.
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This can be a lengthy and complex process, especially if many assets have to be accounted for. 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. In addition to the grief experienced following such a loss, there are technical and legal details with which family members must contend. A Professional Corporation. If the trust identifies a spouse as a beneficiary, but the couple got divorced after the trust was signed, the beneficiaries may have a right to challenge the divorced spouse's right to inherit. Petitions to return assets to trust (Heggstad Petition): If a trust creator intended to include an asset to be distributed as part of their trust, but failed to properly title that asset in trust, you may still be able to avoid probate by filing a petition known as a Heggstad Petition, which confirms the trust creator's intent to include such asset as part of their trust.
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They were very knowledgeable and professional every step of the way. An Enviable Depth of Trial Experience Resulting From Hundreds of Jury Trials. As the name suggests, this kind of property belongs equally to both partners. You've come to the right place. Researching Attorney Discipline.
Whether there was wrongful conduct or not, it is important to protect your rights and understand your legal options. The principal of the trust changes as it is spent, invested or appreciates and depreciates in value. Learn more about contesting a trust. Regardless of whether you are a trustee or trust beneficiary, Morgan Law Group is here to guide you through the trust administration process. Issues surrounding the administration of an estate are often sensitive. Communication is key – you are responsive and respectful to both clients and staff members. Often, trustees have limited experience in carrying out the financial and legal duties that accompany administering a trust—that's where we come in.