Trust Litigation Attorney in Newport Beach

When you’re setting up a trust or mourning the loss of a loved one, the last thing you need is to have a sensitive situation exacerbated further. Choosing the wrong estate planning attorney can be a costly and frustrating experience. At Joel F. Pipes & Associates, you’ll encounter only the most professional, compassionate, knowledgeable, and trustworthy individuals. Our experts take a hands-on approach to each and every case, and we even make house calls to help you through this difficult process. If you’re searching for an estate planning lawyer or a probate litigation attorney in Newport Beach, look no further than our experienced law firm.

Services

Probate

Probate is a process that takes place in court. During the proceedings, titles are changed on all of the deceased individual’s assets. Although there are certain assets that don’t require probate, there are also many that do. Probate is oft-dreaded for its expensive, drawn-out, and long nature. With guidance from your trusted Newport Beach estate planning attorney, you can easily prevent the stress of probate for your loved ones.

Perhaps you’ve found yourself on the other side of probate – the side where a loved one has recently passed, and they didn’t have a trust in place. If you’re looking for a local probate attorney to help you with probate administration, we’re here to help. Sometimes, needing a probate lawyer is beyond your own control. Maybe your loved one simply didn’t recognize the need for estate planning, or maybe he or she passed unexpectedly. In any event, our probate lawyers will guide you through the sensitive and confusing probate process. Your probate attorney will help you through asset distribution, the expenses of funeral planning, and everything else that comes from losing a loved one.

When you’re faced with probate, you’ll suddenly have a seemingly endless to-do list. One item you can remove now is, ”finding a probate attorney near me.” We’ll be there to help you with property appraisal; paying taxes and creditors; identifying and notifying heirs, beneficiaries, and creditors; appointing an executor; and so much more. Don’t put yourself through the stress of navigating probate by yourself. Call us now and allow us to take something off your plate during this tough season of life.

Probate Litigation

Probate litigation is a process that ensues when a dispute occurs during the process of probate, or when an individual brings a claim against another during probate. If you find yourself requiring legal representation to help you through the confusing and stressful probate process, call Joel F. Pipes – the most trustworthy and personable probate litigation lawyer in Newport Beach.

A probate litigation attorney is crucial when you’re trying to navigate the process of probate litigation. Not only will your probate litigation lawyer fight on your behalf, but they’ll also help you ensure that the wishes of your loved one are honored. Reasons for pursuing probate litigation include:

  • To suspend the trustee’s powers
  • To appoint a temporary trustee
  • To seek damages against the trustee
  • To ask the court to instruct the trustee in performing a certain task
  • To appoint a successor trustee
  • To remove the trustee
  • To obtain financial information from the trustee
  • To reclaim property that rightfully belongs to the trust
  • To compel the trustee to provide a copy of the trust
  • To ask the court to instruct the trustee to account formally for information that may have been falsified or withheld

No matter why you’ve decided to pursue probate litigation, you’ve found the right law firm to provide you with an experienced and thorough Newport Beach probate lawyer. Call us today to schedule a free consultation, where we’ll walk you through the entire process of litigating probate. There’s no need for you to juggle all the tough conversations, assets, legal jargon, documents, and court hearings alone – just call your knowledgeable probate litigation attorney.

Estate Planning

Whatever your age, estate planning is a smart strategy. Whether you’ve just begun your adult life or you’re nearing retirement, a well-crafted estate plan will provide more peace of mind than you ever thought possible. Let us know if you’re looking for advice from a local estate planning attorney, you need help with preserving your estate, or you’d like to create a will to plan for the future of your family and assets. Your custom estate plans should give your loved ones a clear sense of your legacy and the message you want it to convey. Call us today for a free consultation with one of our talented estate planning lawyers.

When you start the estate planning process, you’ll want to be sure your lawyer is brushed up on estate planning law. Not all estate planning services measure up. Joel F. Pipes has been a local estate planning attorney for more than 20 years. He and his team genuinely care about your wishes, your family, and you. He works tirelessly to personalize each estate plan to meet the individual needs of each client and to help their loved ones avoid probate. Maybe your internet search for an “estate planning attorney near me” returned us as a result, or perhaps you have a friend or family member who referred you. No matter how you found us, we’re humbled by the honor of guiding our clients through the sensitive and personal process of estate planning.

Irrevocable Trust

Irrevocable living trusts differ from revocable trusts in a number of ways, and they aren’t the right fit for every individual. An irrevocable trust cannot be altered without beneficiary consent. Like revocable trusts, you’ll be protected if you become incapacitated, probate will be circumnavigated, and your privacy will be completely protected.

Irrevocable trusts offer additional benefits as well. Trustees will also be protected from the trustor’s creditors, and they’ll enjoy reduced taxation. However, irrevocable trusts are less flexible than revocable trusts. They force you to relinquish control of your assets, leaving you at the trustee’s mercy. They are also much more complicated. Therefore, it’s essential that you speak to your trusted estate planning attorney before deciding on either type of trust. We’ll help you weigh the benefits and drawbacks of each type and make a well-informed decision.

Revocable Trust

Because of their flexibility, revocable trusts are the most common type of trust. Often referred to as living trusts, revocable trusts can be canceled or modified at any time throughout the life of the trustor. Your Newport Beach estate planning lawyer can walk you through the benefits of this type of trust, which include preservation of privacy, avoiding probate, protection in the event of incapacity, and maintained control of your assets. A revocable living trust is a smart option because it often works hand-in-hand with a living will, which is another important part of the estate planning process.

Reasons You Need a Trust

Everyone thinks they know how their family members or friends will share and distribute their assets after their passing. However, a trust is the only way to truly guarantee that every wish is honored and your assets go exactly where you intended. Trusts have a number of advantages, including:

Tax Benefits
Making lifetime gifts to your children or heirs
Avoiding probate
Protection in the event of a divorce
Protection from creditors

Trust Litigation

Trusts are an excellent way to protect and distribute your assets when you pass away, but what happens if there’s an issue with the trust itself? Making the decision to pursue trust litigation is never an easy one, but finding a reliable trust litigation lawyer in Newport Beach is as simple as can be when you choose Joel F. Pipes & Associates. Trust litigation may be necessary in a number of scenarios, including:

  1. To obtain an interpretation of an ambiguous trust term and establish the intent of the settlor.
  2. To prompt a trustee to distribute the assets of the trust and complete administration of said trust.
  3. To recover trust funds that have been misappropriated by the trustee.
  4. To obtain a copy of the trust documents or other withheld trust-related information, such as an accounting of trust assets, tax returns, etc.)
  5. To remove a trustee and replace them with a more appropriate person.
  6. To propose that the trust instrument was a product of undue influence, duress, or fraud.

In an ideal world, trustees would all get along, they would all be trustworthy, and they would all be selfless. Trusts would all be clearly-worded and easy to interpret. Sadly, death and legal proceedings aren’t always that simple. You may find yourself needing a trust litigation lawyer for these or a number of other reasons.

Keeping other trustees honest, honoring your deceased loved one’s wishes, and protecting yourself in the process can be a challenge. Going to court without legal counsel and proper support from a trust litigation attorney can be scary – and it can cost you in the long run. Don’t embark on this journey by yourself – call us for a free consultation! No matter if you’re a beneficiary or a fiduciary, our legal staff will give you the representation you so richly deserve.