Coachella Practice Areas
If you are going through the trust administration process, you know how complicated and difficult it can be. Your loved one may have outlined their wishes during their estate planning. However, trustees, probate, and other factors can slow the process and make things difficult. If you have a dispute or question, it can feel impossible to make your voice heard by the other people involved.
Fortunately, you do not have to go through the trust administration process alone. Just as your deceased loved one may have used an estate planning attorney to help them make their plans, you have the right to hire a trust litigation lawyer to help you navigate any roadblocks or questions during the administration process.
A trust lawyer often works with beneficiaries who believe that the trustee or trustor has made an error. It can be extremely helpful to have someone on your side to protect your interests during any legal disputes.
Bochnewich Law Offices: Your Coachella Trust Dispute Lawyers
Trust litigation cases are complicated, and you need the very best people to represent you. When it comes to Coachella Valley estate planning, trust litigation, and trust administration services, our team leads the industry. For many years, we have been helping families with their trust litigation cases and all other estate planning services that they require. This has given us a wealth of experience, and we feel confident that we have the resources to fight your case.
Many law firms do not have the direct experience that is necessary for probate or trust litigation. However, our trust litigation attorneys have decades of combined experience to help you manage your trust administration and litigation issues.
To achieve a swift resolution to your problem and protect your personal and family interests, trust the attorneys at Bochnewich Law Offices.
Trust Litigation Law Basics
Trust litigation is legal action involving trusts, which are a specific kind of estate planning arrangement. When a person has a trust, their assets are moved from their possession to a trustee’s. When the trust owner, or trustor, dies, the assets often avoid probate court because the trustee was in possession and did not pass away. This is a method of ensuring that as many assets as possible are transferred from the trustor to the beneficiaries rather than being consumed by taxes and court fees.
Trust litigation often occurs when a beneficiary has a concern about a part of the trust. Although any interested party is permitted to file a trust litigation case, the beneficiaries have the most on the line and are often the ones to file claims. In doing so, they create a way in which their issues can be resolved legally.
Why Do I Need a Trust Litigation Lawyer?
Trusts are complicated, and many people do not understand them. This is why it can be hard to resolve your trust issues without the help of the court system. If you decide to file a trust litigation case, you will need the help of an attorney. This individual gives you the benefit of personal legal representation by someone who has your best interests at heart. Unless you hire someone of your own, no other person involved in the trust process is advocating for you. The trustor may have an estate planning attorney for the planning process, and the trustee is loyal to the trustor and the trust. However, unless you hire an attorney of your own, there is no one advocating for your perspective.
Trust administration is a flawed process that often involves interpretation. It is easy for trustees to make decisions that are not in line with what the trustor would have wanted. As a beneficiary or interested party, you can defend the trustor’s wishes and the integrity of the trust with the help of an attorney.
It is important to note that only interested parties may bring trust litigation claims forward. If your situation will not change regardless of how the case progresses, you do not have the right to file a claim in the first place. The law is very strict about this to avoid unnecessary delays or petty arguments.
One of the most common reasons for trust litigation is a breach of fiduciary duty. This occurs when the trustee makes a decision or mistake that threatens the integrity of the trust. Some examples include:
- Mixing their own finances with the trust’s assets and finances. A trustee’s finances should always remain separate from the trust, even though they are holding the assets in their possession.
- Borrowing money from the trust or creating a similar conflict of interest
- Allowing a co-trustee or another party to create a breach of trust
- Requesting compensation for their role as trustee
Because trustees are so important to the trust administration process, fiduciary breaches can easily occur. It is important to be watchful and hire an attorney as soon as you sense a potential breach.
Irrevocable vs. Revocable Trusts
It is important to understand that there are two types of trusts: irrevocable and revocable. Irrevocable trusts do not allow the trustor to make any changes to their plan or access their assets while they are still alive. For this reason, irrevocable trusts are usually used by individuals with rapidly deteriorating health or who are incapacitated in some way.
Revocable trusts allow the trustor to make changes and access their assets while they are still alive. Most people create revocable trusts at first, and then they become irrevocable later in life or at the time of their death.
Contact Bochnewich Law Offices
For many years, our team at Bochnewich Law Offices has been offering renowned trust litigation advice to clients around the Coachella Valley. We have significant experience with these cases and offer our clients the best possible legal advice in the area. No matter what your personal situation or experience may be, we are confident that we can help you navigate the trust litigation or administration process.
Contact Bochnewich Law Offices online with any questions, concerns, or inquiries.