Filing a lawsuit against the trustee of a trust can be a costly endeavor. However, it also may be necessary to protect your interests and the assets held in the trust. If you think that you may need to engage in Riverside trust litigation, take these steps.
Articles about Probate Litigation
Modifying an irrevocable trust is not a simple procedure. If changing trust terms were easy, it would increase the potential for the intent of the creator of a trust to be overlooked. California probate laws, however, do outline limited circumstances under which a trust can be changed or terminated.
I suspect that the trustee of a California trust is engaged in wrongdoing-More about requesting a bond
If you have reason to suspect that the trustee of a trust in San Diego is engaged in wrongdoing and you have an interest in the trust property, requesting a bond can provide some protection. A beneficiary can petition the Court to order the Trustee produce a bond. The bond serves as a safeguard. If the trustee engages in wrongdoing, the bonding company will pay the costs.
Sadly, San Diego probate fraud is a very real problem that often goes unnoticed. Unfortunately, every beneficiary or heir of an estate is at risk.
What steps should I take if I suspect a breach of fiduciary duty in probate while the settlor of the trust was still alive?
With the recent decision of the California Supreme Court in the case involving the Estate of Giraldin, beneficiaries now have even greater rights against trustees.
Under the laws governing wills and trusts in California, a beneficiary may be disqualified from receiving an inheritance in certain circumstances. For this reason, other beneficiaries or the executor or trustee of an estate or trust may bring forward a San Diego probate litigation matter.
California will contest matters can interfere with the administration of an estate while eating up valuable time and resources. Unfortunately, these matters must be defended even when the executor feels they are frivolous. If you are faced with the task of defending a will contest in San Diego, consider taking the following steps.
I am not receiving my rightful inheritance. Who should I pursue legal action against—the executor or the trustee?
Whether you should pursue legal action against an executor vs. a trustee in California depends on many factors. Trust and estate litigation in California is a complex area of the law and requires the guidance of an experienced legal professional.