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?
A California trust litigation attorney helps clients who have found themselves in situations like the ones we have mentioned above and helps beneficiaries or trustees navigate the complexities of probate law and all stages of litigation.
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.