Beverly Hills Trust Litigation Lawyer

Best Trust Litigation Attorney in Beverly Hills, CA

There are multiple reasons to work with a Beverly Hills trust litigation lawyer. You may be a trustee who needs help resolving a conflict with beneficiaries or a beneficiary who objects to the trustee’s accountancy, fees, or actions. In either case, you need to hire a trust litigation lawyer who can help you build a case and defend it in court.

You Can Rely on Hinojosa & Forer LLP

Trust litigation laws are complex, so you need an attorney who knows this field of law inside and out. An experienced legal advocate can protect your rights in the event of a dispute, whether you’re a trustee facing a claim brought by the trust’s beneficiaries or an interested party who wants to address an issue with the management of the trust. The team at Hinojosa & Forer LLP can work quickly to identify the key issues and protect your position.

Common Reasons to Initiate Trust Litigation

Many trust litigation cases are brought by beneficiaries against trustees. Some of the most common motivations for these cases include:

• Breaches of fiduciary duty. Trustees have a fiduciary duty to act in the interests of the beneficiaries of the trust. They must also keep beneficiaries informed of the status and activity of the trust and keep thorough records of their decisions regarding it.Trustees must treat beneficiaries fairly and adhere to the terms of the trust and should never place their own interests above those of the trust. If you believe a trustee has not been acting in good faith and has breached their fiduciary duty, it’s time to contact a trust litigation attorney.
• Objections to accounting. Trustees must prepare and distribute accountings. These reports concerning the trust’s assets and debts should show the flow of money in and out of the trust and any changes to trust assets. Beneficiaries can object to accountings if they believe they are inaccurate, contain improper disbursements, or incomplete.
• Fee disputes. Trustees can take a reasonable fee for the work they perform. The trust document often states what that reasonable fee will be. To resolve disputes, the courts use California Rules of Court Rule 7.776 to define reasonableness.
• Removing a trustee. Some trusts stipulate that beneficiaries have the power to remove a trustee and appoint a different one. This may require consulting a trust litigation attorney. Reasons to remove a trustee can include gross negligence, bad faith, or breaches of fiduciary duties.

How Common Is Trust Litigation?

Trust litigation is not uncommon. One recent study analyzed a hand-collected dataset of 6,817 probate and trust matters from the Golden State. It found that there were 175 trial-level undue influence cases. These included 100 cases that involved claims brought under California’s new undue influence statutes, introduced under Assembly Bill 327 and Assembly Bill 328.

A second study cites the administrative process as being behind around 75% of the claims brought to contest trusts. The study analyzed all of the trust claims filed from 2014 through 2020 in a California Superior Court. It identified 640 contested trust petitions out of thousands of civil cases.

Undue influence and administrative concerns are just two of the reasons that trust litigation may become necessary. Lack of capacity claims are also relatively common. An experienced lawyer can help clients resolve all of these trust litigation cases and others. Your lawyer can evaluate the strength of the claim and advise you regarding appropriate legal action, no matter which side of the case you are on.

How to Initiate Trust Litigation

Trust litigation in Beverly Hills is handled at the Stanley Mosk Courthouse. You can initiate litigation by consulting a local attorney at Hinojosa & Forer LLP who is familiar with the court’s processes. An attorney from our firm can help you file a formal petition, build a case, and support your claim.

FAQs

What Does Trust Litigation Mean in Beverly Hills, CA?

Trust litigation refers to the legal process of resolving disputes pertaining to the creation, management, or distribution of a trust. The conflicts typically involve trustees, beneficiaries, or creditors and arise when a person challenges the trust’s validity or suspects that a trustee is mismanaging assets. A Beverly Hills trust litigation attorney can assist you with this process.

Does a Trustee Have a Duty to Litigate in Beverly Hills, CA?

A trustee does not have an automatic duty to litigate. However, trustees do have a strict fiduciary duty to protect and preserve the assets held within the trust. If litigation is the only reasonable way to secure trust property, defend a trust, or enforce claims, a trustee may become obligated to take legal action.

Can a Trustee of a Trust Have a Claim Filed Against Them Personally in Beverly Hills, CA?

A trustee of a trust can be  personally liable if they breach their fiduciary duties, act outside the terms of the trust, or exercise gross negligence. In these cases, courts can order trustees to pay damages or replenish lost funds using their own personal assets.

Hire a Trust Litigation Lawyer for Your Beverly Hills Case Today

If you are a trust beneficiary who objects to a trustee’s actions, you may be entitled to file a claim against them with the help of a Beverly Hills trust litigation lawyer. Trustees routinely engage the help of experienced trust litigation attorneys to help them resolve disputes, as well. No matter what role you play, the team here at Hinojosa & Forer LLP can help.

We are a boutique law firm with substantial experience in representing clients in trust disputes. When you work with our firm, you can rest easy knowing that your dispute is in skilled hands. Contact us to schedule an initial consultation regarding your trust litigation case.