Litigating A Trust: Challenging A California Trust Or Trustee
Last updated on January 28, 2025
A trust is an estate planning tool that is often utilized in a comprehensive estate plan. Trusts are common. However, what if a trust isn’t being managed properly? What if a trustee isn’t fulfilling their responsibilities? Or what if the trust wasn’t properly created in the first place? These are all questions that can lead to trust litigation.
Our experienced litigators at The Estate Lawyers, APC, have been helping families in Southern California resolve challenges and conflicts in estate administration and probate proceedings for decades. With offices in Irvine and San Diego, we can provide legal guidance and advice if you are questioning the validity of a trust or the actions of a trustee. We also represent trustees who are being challenged by a family member.
What Is A Trust?
A trust is a common estate planning tool that allows its grantor (the person who creates the trust) to move assets out of an estate, allowing them to be managed for the benefit of others. A trust is a key component of an estate plan because it offers flexibility and control over how assets are distributed. One of the main reasons people use trusts is to avoid probate, the legal process that takes place after someone passes away. The probate process can be time-consuming and costly, but assets held in a trust typically bypass this process, allowing beneficiaries to receive them more quickly.
Trusts can also provide privacy, as they are not public records like wills. Additionally, they can be tailored to address specific needs, such as:
- Providing for minor children
- Managing assets for someone with special needs
- Minimizing estate taxes
By using a trust, individuals can ensure their assets are handled according to their wishes, offering peace of mind for both the grantor and their loved ones. However, trusts also require that a trustee be appointed to manage the trust’s assets and the distribution of the trust’s assets to heirs. A trustee has fiduciary duties and legal responsibilities to the beneficiaries.
Challenging The Validity Of A Trust Or The Actions Of A Trustee
Conflicts can arise with respect to a trust and how it is being administrated. Litigating a trust can be necessary when issues arise that impact the fairness or validity of the trust. Some of the reasons litigation can arise from a trust include:
- Breach of a fiduciary duty: A trustee has a fiduciary duty, and the responsibility to act in the best interests of the beneficiaries of a trust.
- Mismanagement of trust assets: Mismanaging trust assets can include making poor investment decisions or improperly using the funds of a trust.
- Undue influence: If the trust’s creator, known as the grantor, was under undue influence when creating the trust, this is also grounds for litigation. This happens when someone pressures the grantor to make decisions they wouldn’t otherwise make. It often can happen in a case involving financial elder abuse.
- Unclear terms of the trust: Additionally, if there are ambiguities or unclear terms in the trust document, litigation can help clarify the settlor’s true intentions.
- Fraud: Lastly, fraud or forgery in the trust’s creation or administration can also lead to litigation.
If you face any of these issues, our estate administration attorneys have extensive experience with challenging wills and trusts and they can help you address them effectively. Our goal is to ensure the trust serves its intended purpose and protects your rights. If you suspect that a trust wasn’t created properly, its funds are being mismanaged, or wrongdoing by a trustee that breaches their fiduciary duties, it is imperative to act quickly. Seasoned and experienced legal counsel can help protect a trust’s assets from being drained from the trust estate, limiting losses to the beneficiaries.
Preserving Your Family’s Legacy And Relationships
We have earned a reputation in Southern California for protecting our clients’ interests when they are facing an estate dispute. We have extensive estate litigation and probate litigation experience, and we understand how to protect and preserve your interests and the legacy of your loved one. We also understand that negotiating a conflict between family members is a delicate process.
There are so many types of probate and trust litigation disputes that can arise. These issues are complicated and fact-driven, which is why working with an experienced probate and estate litigation counsel is paramount. Our trust litigation attorneys at The Estate Lawyers, APC, advise trustees, executors and beneficiaries and help guide them toward making informed decisions in their case. When a conflict creates a dispute in an estate’s administration or probate, our litigators can help negotiate a resolution or protect you and your loved one’s best interests in probate court.
Consult A California Trust Litigation Attorney For Free
We are happy to offer a one-hour paid consultation that provides significant value. During this time, we will review relevant documents and your unique situation, offer legal advice, and help you decide on the best course of action to resolve your dispute. To schedule your free appointment, send us a message through our website or call 866-330-0578.
Contingency fee arrangements may be available, depending on the facts of your case. We look forward to answering your questions and telling you more about how we can help you with your case.