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Trust Litigation

Mr. Talbot is honest, hardworking, and always well prepared. He is held in high regard by Judges and other attorneys in the community. He will always go the extra mile for his client.

David P.Attorney

Litigation can be an emotional process, especially when family members are fighting. Our first priority is always getting the best possible result for our clients with the least stressful manner. We have successfully litigated numerous Trust matters in the San Francisco Bay Area, and achieved stellar results for many of our clients.

Trust Litigation

Matthew and his team have successfully litigated trust matters in Contra Costa County, San Mateo County, Alameda County, Santa Clara County, San Francisco County, and the surrounding Bay Area. Our first priority is advocating for the interests of our clients, and resolving their concerns in a way that leads to the best possible outcome.

Do you need a Trust Litigation Attorney?

A trust litigation attorney is necessary when a potential for a lawsuit exists. Lawsuits arise around the following trust issues:
  1. Interpretation of the Trust
  2. Validity of Trust & Trust Amendments
  3. Lack of communication from Trustee
  4. Undue Influence 
  5. Grantor/Trustor lacked Capacity
  6. Disputes between beneficiaries
  7. Misuse of Trust Funds 
  8. Contested Accounting
How a will and trust avoid the dangers of letting the court decide where your assets go

Trust Litigation & Fiduciary Responsibility

Under California Law, the Trustee has many duties and obligations to the beneficiaries of the Trust. California Law dictates that “the trustee has a duty to administer the trust solely in the interest of the beneficiaries.” Being a trustee is a significant responsibility, and when a trustee fails to fulfill their duties  – or the beneficiaries perceive that the trustee has failed their duties – litigation can ensue. 

If and when a beneficiary believes the trustee is not acting in their best interest, he or she can hire an attorney to take legal action. Despite whether or not a beneficiary has taken legal action, a trustee should always have an attorney to ensure they are in full compliance with the law. Talbot Law Group has represented numerous trustees and beneficiaries, consistently prioritizing legal resolutions that minimize litigation to the extent possible and ensure the distribution of trust funds in a timely and equitable manner. 

Trust Litigation can occur because of actual, real fraud or misconduct on the part of the trustee, or it can occur because of misunderstandings and lack of communication between the trustee(s) and beneficiaries. Hiring an experienced Trust Litigation Attorney allows trustees and beneficiaries alike to identify what has occurred and move forward toward a resolution and distribution of trust assets. 

It can not be overstated that a truly good litigation attorney is always seeking to find a balance between his or her client’s costs (both financial & emotional) and his client’s potential benefit (financial & emotional). 

Examples of Trustee Misconduct include:

  1. Failure to communicate with beneficiaries

  2. Failure to perform Trust Administration tasks

  3. Mismanagement of Trust Assets

  4. Failure to pay Trust bills

  5. Failure to provide a trust accounting

  6. Transferring assets to non-beneficiaries

  7. Using Trust funds for personal expenses

Contact us today at 925-322-1795 to set up a consultation.

Estate Planning and Probate Firm Talbot Law Group assists clients with their estate plans across California, including Contra Costa County, Alameda County, San Francisco County, Napa County, Marin County, Sonoma County, Santa Clara County, San Mateo County, and Los Angeles County.

Let us Help You

Call 925-322-1795 or request a Confidential Consultation below:

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