Fighting for Your Inheritance
If your loved one has recently passed away, and they had created a trust at some point during their life, there are several legal matters that may arise during the administration of that trust. You might feel like you are not getting your share of the inheritance, or you may believe your loved one's legacy is not being properly protected.
Whatever the nature of the dispute concerning a trust, you require the assistance of an attorney who has extensive experience in trust litigation.
At Giammichele Law, APC, we have helped numerous clients resolve their trust matters and effectively work through trust litigation.
Our Laguna Woods trust litigation attorneys understand the gravity of the situation you are in and is dedicated to helping you pursue the outcome you deserve.
Causes of Trust Litigation
Trust litigation occurs when disputes over a trust need to be resolved in court. There are several potential causes of trust litigation. Sometimes the need for litigation arises because of diversified interpretations of a trust. Others pursue a lawsuit because they believe there has been a misappropriation of trust funds by a trustee. Frequently, disputes concerning a trust arise because of questions pertaining to the legality of a trust formation.
There are a variety of reasons one may suspect a will to be invalid, including:
- Deceptive practices
- Unsound mind
- Revocation of a trust
- Documentary defects
If you are involved in trust litigation for these or other reasons, be sure to get a skilled legal team on your side who can protect your rights and interests.
Contesting a Trust in California
The first step to contesting a trust in California is to file a petition with the probate court. Prior to doing this, however, you should consult with an experienced trust litigation attorney to find out if your case is worth pursuing.
A skilled trust litigation lawyer can then help you draft a complaint and ensure that your petition is turned in properly. It is important to take action as soon as possible, as you must file the petition within 120 days of the date that the Notice of Trust Administration or Notice of Irrevocability is mailed. Your attorney can then help you investigate to find evidence and witnesses that will be crucial to securing a favorable outcome in your case.
Once a strong case has been created, your lawyer may seek to negotiate with the other parties involved. Keeping the matter out of court is often preferable as it saves time and money. However, if no agreement can be reached, your matter will need to be taken before a judge. When you depend on Giammichele Law, APC , we can ensure that you have a compelling case that maximizes your chances of achieving optimal results.