Even where there are no disputes, trustees and other fiduciaries require effective representation in order to carry out their duties under California and federal laws, various taxing authorities, and the terms of the trust or will. They must do so in the best interest of the beneficiaries. If a trustee breaches that fiduciary duty by failing to account or using the trust funds for his or her benefit, involving an experienced attorney early may resolve the issue without litigation. It is important to know that Statutes of Limitations restrict the time for filing claims for breaches of fiduciary duty.
Failure to seek competent legal advice early in the administration process is one of the most common mistakes that lead to disputes. Sometimes, misunderstandings can be resolved with prompt, thorough attention to legal requirements and adherence to the terms of the trust. When disputes can’t be avoided, it is critical to be represented by a law firm with experience in litigating in the probate court. You need an attorney who specializes in estate litigation and knows how to fight on your behalf.
Given the emotional nature of litigation disputes and their financial impact, it is critical that you retain highly qualified legal counsel. Our qualified attorneys will assist you through legal proceedings.
Estate planning is not a “do-it-yourself” project. Poorly drafted or improperly executed documents can result in increased costs, delays, and damaged relationships. Careful thought should be given to the nomination of successor trustees and other fiduciaries, and care should be taken to provide for distribution that is fair and accomplishes the grantor’s intentions.
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