A trustee has a lot of power over a trust and the inheritance beneficiaries receive. Whether intentional or unintentional, failure to uphold their fiduciary duties, administer the trust per the trust document and probate law, and manage the trust in the best interest of beneficiaries can have significant consequences on the trust and its beneficiaries. In these situations, working with a California trust litigation lawyer is of the utmost importance.
At Gokal Law Group, we have helped clients achieve their ideal outcome for decades when there are disputes involving beneficiaries and trustees. Read our blog to learn more about the role of a trust litigation attorney.
Reasons You Need a Trust Litigation Lawyer
Trustees are responsible for overseeing and managing the administration of all assets, money, and property within a trust. With this responsibility comes considerable power.
Trustees must uphold their fiduciary duty, manage the trust in the best interest of beneficiaries, and administer the trust per the trust document. When a trustee fails to do this, working with a lawyer is essential to preserve the trust and protect your inheritance.
Whether it’s a result of ulterior motives or negligence, there are several reasons beneficiaries should work with a trust litigation attorney in Orange County. Some common causes people to pursue California trust litigation include situations where:
- There is doubt regarding the validity of a trust
- The trustee was incompetent or incapacitated but is refusing to step down
- The trustee has misinterpreted the document
- The trustee is using trust funds inappropriately
- The trustee has breached their fiduciary duty
- Beneficiaries suspect fraud or undue influence
- There are disputes between trustees and/or beneficiaries
What Does a Trust Litigation Lawyer Do?
Attorneys will advise you on the best course of action on a case-by-case basis and help you analyze and collect evidence, ensure it is admissible in court, and bring in expert witnesses to support your case.
“An important to keep in mind is there is a statute of limitations on these issues. Once a certain amount has passed, you can no longer address these issues in court. Still, the statute of limitations doesn’t start until issues are discovered. For example, if you discover that the trustee was stealing money from the trust decades later, even after they have passed away, you can still pursue litigation.” – Alison Gokal, a partner and practicing California trust litigation attorney in Orange County at Gokal Law Group with nearly two decades of litigation experience.
Premier California Trust Litigation Attorneys
If you suspect a trustee is abusing their power or a beneficiary has used underhanded tactics to get a bigger inheritance, it is imperative to consult with a trust litigation attorney as soon as possible. Failure to act quickly and enter the courtroom with a lawyer committed to thoroughly preparing for success and helping you receive justice jeopardizes the integrity of the trust and your inheritance.
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I am a Californian trustee of a Trust that involves an American Citizen or Legal Resident. I don’t have power of Attorney over this Elderly woman. I am in a waiting game with the Portuguese family ( husband’s family, who passed, they are her Inlaws on terms of relationship ). She has had Dementia for the last 6 years ( not officially documented in the United States before her departure to retire in Portugal, circa 2018 ). The Facility in Portugal that can confirm her Dementia has avoided me, and it is clear that she is under extreme durress by the family who has decided to create out of fiat Trusteeship over her. They have isolated many family members who have notified me to do something. However, I don’t have any of those powers according to my Attorney. They have already flown to California with manipulated documents and committed Wire Fraud of Check accounts belongs to th8s woman… these accounts were slated yo be assumed into the Trust that I’m supposed to manage at her death or Incapacitation. Is there in hope for this situation?
Hi my name mark Gilmore my mom had worked for Kaiser hospital she was a nurse practitioner and she dead and 1994 from cancer my brother was supposed to be the trustee at the time but he didn’t do right by far he sold the house by not notifying me so when the well stated on the well my brother didn’t do what my mom required for him to do on the well he did the opposite he didn’t give me dime I want to know is it something that I can do about it or is it to late. Thank you for your support in patience and this matter.
Trust litigation lawyer needed.
Need a lawyer lawyer. David Elias 7143504022. Case no. 30-2020-01139897
Fraud related case. https://drive.google.com/file/d/1a7z-jEY9oP0L_u06oAVMj7SnBHACd9_R/view?usp=drivesdk
Related probate case below.
https://drive.google.com/file/d/1ZFaTRds2LxPTPfa9pPoCto_vGqs2VWxB/view?usp=drivesdk
Production request, in fraud case.
Production of documents request in fraud case, below.
https://drive.google.com/file/d/1ucoI1Vx5uq-Ii0MJy3_7bo6rRtBYhmin/view?usp=drivesdk
Fraud complaint conformed.
https://drive.google.com/file/d/1x5RdXD11YxXfoy7STRD0ZT8S15gtdYuD/view?usp=drivesdk
See exhibits page 40. Lawyer admits withheld no Contest clause.
https://drive.google.com/file/d/11YxvVNEdC9ZMhLCDuhLHQli0_0lydsI4/view?usp=drivesdk
I am a victim of this. I need assistance in getting mine back.
I need trustee removed before he completely drains the trust,he has $ doesn’t want me to get any,won’t give me any accounting,his lawyer is refusing my receipts from house,I still live there he’s sold the house under value,his friend realtor supposedly was charging us 2*% in the sale now I find out it is 2.5% for him and 2.5%for buying agent =5%
Something just not right agent has house ‘ listed’ one day and next ‘ not active ‘!
Or say having inspection,when was really an open house after sign gone and supposedly house sold, realtor removes sign no notice/doesn’t put ‘in escrow ‘ or “sold’ just removed but lock box still here