Over the years, trusts have become increasingly popular instruments of estate planning and administration that are more flexible and private than traditional wills. As a result, many estate disputes ultimately become trust disputes, requiring the attention of a lawyer who understands the principles of trust law and handles trust contests and litigation.
Many disputes arise because beneficiaries or family members disagree with the terms of a trust. Not everyone is legally entitled to file a lawsuit challenging a trust. A person must be able to establish that he or she has a financial interest in the trust or would inherit money if the trust did not exist. Only beneficiaries named in a trust are entitled by law to receive a copy of a trust or an accounting of the trust, without a court order.
Trustees have a legal duty to act in good faith and in accordance with the terms of the trust and the interests of the trust beneficiaries. Whether intentionally or not, not all trustees comply with their fiduciary duty and the terms of the Trust. When this happens, the Trustee exposes himself or herself to a lawsuit brought by a beneficiary. Our attorneys have experience representing both beneficiaries and trustees in claims involving fiduciary duties.
At Webb Law Group our dedicated team has helped individuals and families in California navigate the process of the orderly distribution of family possessions. If you have questions about how to resolve a family trust dispute and whether trust litigation is appropriate, contact us online or at (619) 399-7700 for a confidential consultation.