Mar Vista Trust Litigation Lawyer

Mar Vista Trust Litigation Attorney

Trust disputes can be legally complex, in addition to causing emotional overwhelm for all parties involved. At Hinojosa & Forer LLP, we have extensive experience resolving trust conflicts and bring a deep legal knowledge of California trust laws to the table. Whether you’re a trustee facing allegations of mismanagement, a beneficiary questioning your rights, or a fiduciary trying to navigate contentious aspects of the trust, a Mar Vista trust litigation lawyer can help.

What Is Trust Litigation?

Trust litigation involves the legal disputes that arise out of the administration, interpretation, or validity of a trust. While probate litigation specifically concerns wills and estate administration, trust litigation can involve living and testamentary trusts. It may also include allegations of wrongdoing, breach of fiduciary duties, and fraud. Trust litigation can involve:

• Challenging trustee actions or inactions
• Disputes among beneficiaries
• Contesting the validity of a trust
• Accounting demands
• Claims of undue influence or lack of capacity
• Misappropriation or concealment of trust assets
• Removal or replacement of a trustee

At Hinojosa & Forer LLP, we understand that disputes over a family member’s assets can be sensitive. We have assisted many clients in the Los Angeles area in circumstances similar to yours, and are ready to help you, too.

Common Types of Trust Disputes

A dispute over a trust can divide a family. Surveys show that 44% of trust feuds occur between siblings, with half of all disputes happening over a property or piece of land. Hinojosa & Forer LLP represents many clients in all types of trust litigation. Some of the most common types of trust disputes include:

• Contesting the validity of a trust. Trusts can be contested for a variety of reasons, such as lack of mental capacity, undue influence, or fraud and duress. There may be contention over improper execution of the trust as well.
• Trustee misconduct and breach of fiduciary duties. A breach of fiduciary duty may look like a misappropriation of funds, conflicts of interest, or self-dealing and favoritism. A fiduciary may fail to provide accountancy or delay the distribution of assets.
• Disputes among beneficiaries. Beneficiaries may feel the trust is being executed unfairly or interpreted incorrectly. They may also claim undue influence or manipulation.
• Trustee removal and replacement. If a trustee is found to be in breach of fiduciary duties, conflicting with beneficiaries, or mismanaging the trust property, it may be necessary to designate a new trustee. This may also be the case if the trustee becomes incapacitated or is neglectful of duties.
• Trust accounting disputes. Trust beneficiaries hold the right to detailed and timely accountancy. If the trustee refuses to provide records, is found to be hiding assets, or demonstrates inconsistencies with transactions, litigation may be necessary for clarity.

Our team can analyze all documents, witness testimony, and medical records to build a compelling case. We represent both beneficiaries and trustees and understand how to resolve disputes while protecting the trust’s assets and overall purpose.

Resolving Trust Disputes

All litigation cases are different and require a unique approach. At Hinojosa & Forer LLP, we work to safeguard your interests and achieve a resolution. We begin by exploring trust documents, communications, and financial records to gather evidence. This can help us identify legal grounds and the strengths and weaknesses of the case. We can create a customized plan that aligns with your main objectives and timeline.

When possible, we pursue resolution outside of court through mediation or direct negotiation. This can save time and reduce emotional and financial strain. If the opposing party is unwilling to negotiate or reach a fair resolution, we can litigate your case. Trust litigation in Los Angeles is generally handled at the Stanley Mosk Courthouse, 111 N. Hill Street.

FAQs

What Type of Lawyer Is Ideal for Trusts?

For trusts, an ideal lawyer would be someone with experience in estate planning. These attorneys help individuals create, manage, and administer trusts and other estate planning tools. They can help to ensure that your assets are distributed according to your wishes. They can also help minimize taxes and help your family avoid probate if possible. Trust lawyers create living trusts, revocable and irrevocable trusts, and assist with trust litigation in the event of a dispute.

What Is the Difference Between a Litigator and an Attorney?

An attorney is a more general term for someone licensed to practice law and provide legal advice. Meanwhile, a litigator is a type of attorney who handles disputes that go to court. All litigators are attorneys, but not all attorneys are litigators. A litigator can represent clients throughout court proceedings, present cases in court, and handle appeals. Lawyers tend to focus more on transactional work, such as drafting contracts or tasks, such as estate planning.

How Much Does a Will Cost?

The amount a lawyer charges to draft a will varies based on the details of the estate, the location, and how much experience the attorney has in estate planning. Some charge a flat fee for simple will drafting. Cases involving complex assets, trusts, or tax planning may cost more. You can discuss costs up front during a consultation and inquire about what services are included in the fee, such as healthcare directives, living trusts, and powers of attorney.

What Is the Difference Between an Estate Lawyer and a Trust Lawyer?

There is significant overlap between what an estate lawyer and a trust lawyer do. An estate lawyer focuses more on planning for the distribution of assets after death, such as drafting wills, handling probate, and minimizing tax implications. A trust lawyer concentrates more on creating and managing trusts for beneficiaries.

Contact a Mar Vista Trust Litigation Lawyer

When trust or estate disputes arise, you need a skilled Mar Vista litigation lawyer to walk you through the legal process. If you’re involved in a trust dispute, having the right counsel makes all the difference. Hinojosa & Forer LLP can help you explore all legal options and work through trust concerns with confidence and peace of mind. We review the facts of your case and explain your rights under California law. Contact us today to schedule an initial consultation and let us begin protecting your interests and working toward a more favorable solution.