Trust and Probate Litigation Attorney in Orange County, California

Modern Wealth Law provides experienced representation of trustees, trust beneficiaries, executors and estate beneficiaries in trust and probate litigation cases.  Whether you’re being sued by an impossible-to-please beneficiary, have a case of financial elder abuse, or you need help to force a Trustee to fulfill his or her duties, we stand prepared to litigate aggressively for our clients with the goal of obtaining favorable results in the most efficient, cost-effective manner. Our Orange County probate litigation attorneys have the experience to help you through any issues regarding conflict with a Trust.

Trustee Defense Litigation

Acting as trustee of a Trust is a thankless job.  Almost always, you were chosen as Trustee because your loved ones believed you were the right person for the job.  Unfortunately, there is no roadmap for acting as Trustee.  Often times, your only guidance is the Trust, which is filled with legal jargon.  It’s no wonder why Trustees make mistakes during the process of the trust administration. We regularly represent Trustees that have made mistakes, big and small.  We are happy to guide you in correcting those issues and minimize any financial consequences to you or the Trust.

Even for the most knowledgeable Trustee, there are times where litigation is inevitable.  Sometimes “you’re damned if you do and damned if you don’t.”  In those situations, we can protect you from personal liability by taking certain actions ahead of time.  Other times, you’re dealing with an impossible beneficiary that is simply upset that he or she was not chosen as Trustee.  The law provides several procedures that may insulate you from liability from these types of beneficiaries.

Of course, we think you should always be guided by an attorney that is a Certified Specialist in Trusts if you are acting as Trustee.  However, this becomes even more important if there is any sense that a beneficiary is unhappy with your role as Trustee.  Almost all Trusts provide that you may use Trust funds to hire an attorney to assist you with the Trust administration, so there is no reason to go at it alone.

Financial Elder Abuse and Undue Influence Litigation

Have your loved ones removed you from their Trust or Will because they were coerced by someone they trusted?  We see it all of the time.  As our parents or loved ones get older, they become more reliant on others and more susceptible to coercion.  Even the sharpest of minds can be pressured into changing their estate planning wishes.  Whether your parents had diminished capacity (dementia, etc.), or they were physically reliant on others (bedridden, unable to drive, etc.), these factors play a role in the reasons for changes to an estate plan.  Whether it is characterized as financial elder abuse, or simply undue influence, the result is the same, your loved ones changed or created a Trust or Will that was not the product of their wishes, but those of someone else.

We are happy to review your case with you and determine whether you will likely be able to invalidate the trust, will or estate planning document you believe is the product of financial elder abuse or undue influence.

Beneficiary Representation

Are you the beneficiary of a Trust in which the Trustee believes he or she can do anything without penalty?  There are times where a Trustee takes his or her position of power too far.  We often represent beneficiaries that need to know their rights and to make sure the Trustee is abiding by his or her duties.  Although it may not seem like it, as a beneficiary, you have many rights with regard to the Trust.  For example, you have a right to a copy of the estate planning documents and a report of the trust administration, which includes assets, liabilities, disbursements and distributions.  You have a right to be notified of certain actions and object if you do not believe the Trustee is acting in the best interest of the beneficiaries.

We find that beneficiaries represented by Trust and estate litigation attorneys are more likely to receive their inheritance faster and without Trustees taking advantage of the one-sided information paradigm.

Have a Case Regarding a Trust or Estate?

As Orange County Trust and estate litigators, we are here to learn about your case and aggressively represent your interests. Modern Wealth Law is comprised of highly experienced Trust litigation lawyers in Irvine, CA who serve all of Orange County. Call us today at (949) 371-5003 to schedule an appointment regarding your matter, or contact us through our website here.