Do You Need an Attorney for a Trust in California? Additionally, in particularly egregious cases where a party engages in bad faith litigation tactics, breaches their duty, or acts in contempt of court, a judge may order that party to cover the other party’s legal fees. If a trust is written in a way that specifically sets aside funds for the payment of such legal fees, for example, the court can use that provision as grounds to order the trustee to withdraw sufficient funds to cover legal fees (in accordance with whatever rules are set forth for doing so in the trust). However, there are some possible exceptions to this rule. In California, each party is responsible for paying their own legal fees and associated costs in a court case, and this holds true for trust disputes. FAQs About Santa Monica, CA Trust Laws Who Pays Legal Fees in a Trust Dispute in California? Having a great lawyer on your side is the ideal way to ensure your own rights, assets, and future are well protected throughout such proceedings. Trust litigation situations can have many involved parties and moving pieces, often consisting of multiple separate legal issues, such as breach of fiduciary duty, mismanagement of trust assets, or claims between individual beneficiaries. On the other end of the spectrum, a greedy would-be heir who was left out of the trust might start making legal motions in bad faith to try to stall or undermine the disbursement process. They may feel the need to clear up these points in a court of law before moving ahead with distributing the entrusted assets. For example, a relevant party may have legitimate questions about the validity of the documents used to establish the trust. Such disputes can arise for any number of reasons. While trusts and estate plans are intended to minimize court involvement and get funds to beneficiaries as smoothly as possible, their inherent complexities can unfortunately also give rise to disputes among beneficiaries, between beneficiaries and the trustee, or even against the trust itself. Some are even designed to re-fund themselves into perpetuity through investments so that more funds can be disbursed every year, such as in the case of a scholarship trust. The process of creating and disbursing a trust can take decades-or more. Much like any other legal or financial strategy, the process of designing, establishing, implementing, and disbursing trusts can become quite complex. These assets can consist of anything from the money in a basic bank account to unique tangible property, like a valuable comic book collection or a garage full of classic cars. Trusts are legally binding arrangements wherein a named trustee (the administrator or manager of the trust) holds valuable assets for the benefit of one or more beneficiaries. While the details can be vastly different from trust to trust, they all work in the same fundamental way. There are several different types of trusts that can be set up, and with all the potential configurations and clauses, trusts are almost endlessly adaptable. There are many reasons why someone might set up a trust to hold assets, including restructuring tax burdens, putting specific stipulations on inheritances, or keeping assets out of probate court. “Trust litigation” is a subcategory of law relating to any disputes involving trusts, which are special legal and financial instruments designed to hold assets until specific conditions are met for disbursement. Understanding Trust Litigation Under California Law We offer a no-pressure initial consultation to review your legal options and help you determine whether it will be in your interests to retain our high-quality services for your trust dispute or probate case. Our experienced attorneys and support staff are dedicated to protecting our clients’ interests and achieving favorable outcomes in trust litigation cases, in addition to related matters like estate planning, disputes surrounding wills, and conservatorships. Hinojosa & Forer LLP can offer this type of experienced legal help to clients throughout Santa Monica and beyond. Hinojosa & Forer LLP: Experienced Santa Monica Trust Litigation Attorneys Trusts are complex instruments at the crossroads of law and finance, and the only appropriate response for trust-related litigation is finding a trust litigation attorney to represent your side of the issue in court. When you’re facing a serious and complicated issue involving high-value assets, it’s crucial that you meet the challenge by enlisting powerful legal help. Sometimes these cases can drag on for years and even result in you being unable to access funds that are rightfully yours. If you are facing the prospect of going to court for trust litigation in Santa Monica, California, it likely represents major stress and inconvenience in your life, regardless of which side your interests lie on.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |