Trust & Probate Litigation Attorney

Trust Litigation

by | Nov 19, 2021

People often create trusts as a means to avoid the costs and hassle of formal probate proceedings. However, disputes involving trusts can also arise, especially when trust assets are high in value or when family members do not all get along. Trusts involve many moving parts which create potential for conflict, whether it be between beneficiaries and a trustee, between beneficiaries, or from outside third parties. Our team represents beneficiaries, trustees, or third parties with interests in a trust.

Disputes About Trust Accountings

Trustees have a duty to account to the trust’s beneficiaries regarding the transactions and assets of the trust. By statute, a trustee is generally required to provide this accounting each year, whenever there is a change in trustees, and at the termination of the trust. Trustees also have a duty to provide a beneficiary, upon request by that beneficiary, any information relating to the administration of the trust which is relevant to the requesting beneficiaries’ interests in the trust. Sometimes, trustees overlook these obligations. Sometimes, beneficiaries seek to abuse their rights by harassing trustees with excessive requests. Either way, our team of experienced attorneys can help you.

We can also assist you with other concerns you may have regarding the administration of a trust, including complying with the terms of the trust, whether a course of action is an abuse of a trustee’s discretion, whether an outside concern is a conflict of interest for a trustee, whether a course of action is a prudent way to manage the trust’s assets, and enforcing a trust’s legal claims against third parties.

Disputes About Ownership of Property

Title to property can often be imperfect or otherwise unclear. This can affect both real property and items of personal property. A common area for dispute is when a settlor of a trust neglected to formally transfer to their trust the title of specific property which they intended to transfer to their trust. Sometimes a settlor took the proper formal steps to transfer the title of specific property to their trust, but it is disputed whether the settlor owned the property in the first place. Trust litigation involving property can include an almost endless array of issues, such as child or spousal support claims, creditor’s claims, adverse possession claims, and even eviction actions. Regardless of the property issue you are concerned about, our team of attorneys has a broad scope of experience to assist you.

Disputes About the Validity of a Trust

Sometimes, questions arise regarding the entire validity of a trust. Disputes may arise simply because the settlor failed to follow the proper formalities in creating the trust. Other disputes may be more serious, involving issues of duress, forgery, fraud, or undue influence. When these more serious issues arise, there will frequently be additional concerns about financial elder abuse because trusts are often created when the settlors are over 65 years old. We have experience assisting clients with financial elder abuse claims.

Contact Our Experienced Trust Litigation Team

Our experienced team of attorneys brings experience from across a wide spectrum of law which we can bring to bear to help you in your trust matter. We strive to provide effective, practical, and timely results. We aim to resolve issues before resorting to litigation, if at all possible, in order to save our clients money and to allow all the parties to move forward with their lives on amicable terms. However, when litigation becomes necessary, we will wield the sword of justice to protect your interests and defend your loved one’s legacy.

Every situation is unique, and it is best to discuss your case with an experienced attorney.

Contact us today by calling (888) 308-1261 to schedule your consultation.

DAVID J. HALLSTROM, ESQ.
Locations Throughout Southern California and the Central Coast
privacy policy
© 2022 David J. Hallstrom, Esq. All rights reserved.
Defending Your Loved One's Legacy