Trust Litigation Service in Tustin

Trust Litigation Service in Tustin

When a loved one dies, they sometimes choose to use a trust to distribute their property and assets to beneficiaries. A trust is a legal title that names a fiduciary to hold onto or use the deceased’s property for another person’s benefit. If there is a significant issue with a trust or an interested person finds a problem with a trustee’s behavior, trust contests allow that individual to bring the dispute to court.

If you feel that there is a legal reason to dispute a trust, you need a trust litigation attorney to take action. Contact Joel F. Pipes & Associates to discuss your trust litigation in Tustin.


Tustin Trust Litigation Lawyer

Successful trust litigation takes years of hard work and dedication, and experience with a variety of cases. It’s rare to find a trust contest lawyer with the experience necessary to get you results. With over four decades in practice, our litigation team has what it takes to fight for your rights and get the resolution you deserve.

The instructions for most trusts are usually relatively straightforward. Even the most well-crafted trust documents, however, can face legal issues. If you have a legal claim that needs to be disputed in court, you need a trust contest attorney to take action on your behalf.

While there are many types of trusts, the most common are revocable and irrevocable trusts. Revocable trusts allow the person who is putting assets into the trust to control the trust and investments for his or her lifetime. Irrevocable trusts relinquish control of any assets placed into the trust to be managed by the trustee.


Legal Causes for Trust Litigation

There are several reasons a legal challenge can take place with a trust. The most common causes of trust litigation include:

● Breach of Fiduciary Duty- When someone becomes a fiduciary in the state of California, they have the legal obligation to act in good faith and honesty on behalf of the trust beneficiary. By law, they are required to put the best interest of the beneficiary ahead of their own. When a trustee abuses or neglects their position, this is cause for trust litigation.

● Disputed Trust Accountings- Trustees must keep detailed accounting and produce these accountings when a beneficiary requests. If a trustee doesn’t provide the accounting within 60 days, or you suspect the trustee is unworthy, you may file a petition with the court. If you find that the accounting doesn’t balance, isn’t transparent, omits data, or indicates a breach of duties, you can take the trustee to litigation.

● Trustee Removal- In most cases of breach of fiduciary duty, a trust litigation attorney will simultaneously request that a trustee be removed. Because a trustee failed to meet their legal obligations, it is assumed that you should not trust them to continue as trustee. This is particularly true in trusts with large amounts of cash and securities, property management, and other duties that could harm the beneficiary’s interests if neglected.

● Disputes between Cotrustees- Many cases name two people as cotrustees. Conflicts can arise between cotrustees for several reasons. Lack of communication, disagreement with decisions, inability to make decisions or trustees who can’t get along are several reasons why disputes occur. With these cases, the best action is to petition the court for instruction.

● Petitions for Instructions- The sensitive nature of trusts often leaves trustees in a problematic situation. For example, one trustee may want to sell a property asset while another isn’t ready to let it go. In these situations, a trust litigation attorney can file a petition for instruction. This is when the court steps in to make a decision.


Contact Our Tustin Trust Litigation Attorneys Today

For more than 15 years, our team has provided quality representation to help the court make the best decisions for you and your family. Our wide range of experience allows us to represent both beneficiaries and fiduciaries. Whether you need to dispute a trust or face a trust dispute, we are here to help you through the legal process.

Call our office today to schedule a free consultation. You’ll get the representation you need to find the right solution to your problems.