Costa Mesa Trusts Lawyer

Costa Mesa Trusts Attorney

Trusts are legal arrangements created to protect, manage, and distribute a person’s wealth. A Costa Mesa trusts lawyer can help you resolve any disputes you may face as a trust beneficiary. Trust disputes are often drawn out and complex, but hiring a trust litigation law firm that fights for your trust beneficiary rights can allow you to focus on mourning the loss of your loved ones.

Attorneys at Ross Law Group, APC, work on trust litigation cases and can assist you in challenging a trust and its management.

Trust Beneficiary Rights in Costa Mesa, CA

A grantor or settlor may establish a trust to ensure their wealth is managed and distributed upon their passing in accordance with their wishes. They may set up a revocable trust or an irrevocable trust. A designated trustee is charged with administering and distributing a trust’s assets as stated in the documents.

Beneficiaries of a revocable trust have limited rights, as a grantor can change the conditions of the trust or remove beneficiaries at any time during their lifetime.

A revocable trust becomes irrevocable as soon as the grantor passes away.  This type of trust cannot be changed. A grantor may also create an irrevocable trust before their death.

As a beneficiary of an irrevocable trust, you are entitled to:

• Receive notice of a trust’s existence.
• Obtain compensation per conditions stipulated in the trust.
• Review a trustee’s management and distribution of trust assets.

If you believe that your rights as a trust beneficiary have been violated, a Costa Mesa trusts lawyer can work with you to contest the trust or hold a trustee accountable for trust mismanagement.

Legal Options for Trust Beneficiaries

Whether you want to ensure your rights as a beneficiary are upheld or believe a trustee is inappropriately managing a trust in which you have a vested interest, there are a few legal options you can pursue. Having a trusts attorney by your side can make the trust litigation process less strenuous.

A trust litigation law firm can help you with the following:

Contesting a Trust

You may contest the validity of a trust if you believe the grantor or settlor created or signed the trust under duress or if you can prove that they were not of sound mind when they did so.

As a party with a vested interest in the trust, you may present a claim at the probate court. All parties named in the claim must respond to it and provide evidence supporting their position.

A claim to contest a trust may be resolved through a settlement. Otherwise, a valid claim that cannot be settled will proceed to litigation. If your claim is successful, the trust may be invalidated.

Filing a Breach of Fiduciary Duty Complaint

Even if you agree with the terms of a trust and find that the trust is legally sound, you may still level a complaint of breach of trust or breach of fiduciary duty against a trustee and other trust managers.

Trustees are tasked with adequately managing the assets left behind in the trust by the settlor. They are also required to keep beneficiaries informed of all trust accounting and to distribute benefits in accordance with trust stipulations.

When a trustee fails to meet their fiduciary duty or put their interests above those of trust beneficiaries, a probate court judge may impose a money judgment against the trustee if sufficient evidence is presented in support of a complaint against them.

If the trustee is a beneficiary of the trust, a surcharge may be applied to their portion of the trust, decreasing their trust benefits. Other trust managers in breach of fiduciary duty may have their fees reduced.

Removing a Trustee

As a beneficiary, when you have exhausted all resources to try to reach a settlement with a trustee, you may request the removal of a trustee from trust management. A Costa Mesa trusts lawyer can guide you through the complicated and lengthy process of trustee removal. A temporary trustee may be assigned until the court resolves the case.

FAQs

Q: What Is a Trust?

A: A trust is an estate planning tool you can use to manage and distribute your assets. A designated trustee manages and distributes the assets in accordance with the trust. Assets can be legally transferred to a beneficiary when certain conditions are met or after a person’s passing.

Since a trust may not need to pass through probate court, setting up a trust may ensure your loved ones receive their inheritance more quickly and privately.

Q: How Can I Contest a Trust?

A: A trust contest claim can be filed with the probate court in Costa Mesa, CA. If you believe the settlor created the trust under duress or was not of sound mind when the trust was established, you can contest its validity. You may also contest a trust if you believe the named trustee would acquire undue benefit from it.

Q: Can I Request That a Trustee Be Removed?

A: You may file a complaint for breach of fiduciary trust if you have evidence that a trustee has failed to adequately meet their responsibilities as trust managers. This may include a trustee’s failure to inform you that you are a trust beneficiary, to share trust accounting information, or to distribute benefits appropriately. A trustee could also be removed if they are using trust assets for their own gain.

Q: How Can a Trusts Lawyer Help Me?

A: A skilled trusts litigation lawyer can help beneficiaries resolve different trust disputes. They can walk you through the process of contesting a trust, filing a complaint against a trustee, or requesting the removal of a trustee if needed. They can assist you in all steps of the process, including gathering evidence, reaching a settlement, and representing you in a court case.

Having a trusts lawyer by your side may help make this emotionally draining process much easier.

A Costa Mesa Trusts Lawyer Can Help Fight for Your Beneficiary Rights

The trust litigation process is taxing and may lead to frustration for you and your loved ones. Attorneys at Ross Law Group, APC, support clients through different trust litigation processes, including trust contests, accounting actions and objections, and trustee surcharge and removal.

Contact us today and discuss your options with our skilled trusts attorneys.