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Trusts are a powerful tool for protecting and passing on wealth. Unfortunately, this sometimes leads to disputes over the validity of a trust or its operations, or over the rights of those who have or may have an interest in the trust. If you find yourself in the middle of such a dispute, turn to a trust litigation attorney in California from Cianchetta & Associations for help.
Our firm is here to guide you through the complexities and obstacles of trust litigation and to protect your rights and interest. No matter how the dispute arose, our overriding goal is to help you solve your problems. You can expect our team to thoroughly investigate the facts of your case to identify the best path forward to try to secure a favorable outcome for you.
When your rights in a trust are at stake, you deserve a knowledgeable trust litigation attorney in California who will advocate for your interests. Reach out to our firm today for a free initial case evaluation to learn more about how we can assist you in pursuing the best possible outcome in your trust litigation matter.
A trust is a type of legal arrangement in which a person, known as a trustor or grantor, gives another party or group of parties, called a trustee or trustees, the right to hold and manage assets for the benefit of a specific party or parties who are known as beneficiaries. The trustee or trustees must hold and manage the trust assets according to the terms of the trust, which may grant a trustee significant discretion in managing the trust, and must also act solely in the best interests of the trust and its beneficiaries. This creates a fiduciary relationship between a trustee and the trust and its beneficiaries.
A trust litigation attorney in California from Cianchetta & Associates can assist you with trust-related legal disputes involving:
If you find yourself facing one of these or another kind of legal dispute involving a trust, reach out to our firm today to see how we can help.
When you believe that your rights or obligations to a trust may be at stake, you may not know what to do to protect and advocate for those rights. That’s where a trust litigation attorney in California at Cianchetta & Associates can help. Let our firm go to work to fight for your interest in a trust litigation matter by:
If you are considering or find yourself in the middle of trust litigation, don’t wait to hire the legal representation you need to look out for your interests. Contact Cianchetta & Associates today for a free, confidential consultation to speak with a trust litigation attorney in California about your options in your case.
Trust litigation can normally be filed by any party who claims an interest in the trust or the trust principal. This can include beneficiaries (both income beneficiaries and remainder/contingent beneficiaries), trustees, or parties who believe they have been improperly excluded from the trust. Trust litigation might also be filed by the creditors of the grantor (the person who created the trust) to challenge the trust’s validity on the allegation that the grantor created the trust to shield their assets from creditors.
Trust litigation begins when a complaint is filed in court by the party or parties seeking to challenge some aspect of a trust or its operation. The complaint and summons are then served on the trustee and any other parties with adverse interests, who then file an answer to admit or deny the allegations listed in the complaint. If litigation is not dismissed at the pleadings stage, the parties will proceed to discovery, where they exchange documents and information and take depositions of key witnesses. When material disputes remain after discovery, the case will proceed to trial where each party will have the opportunity to present their evidence, witnesses, and arguments to the court, which renders a judgment.
Under California law, a petition to challenge the validity of a trust must be filed within 120 days of receiving statutory notification from the trustee. Claims against the trustee regarding the operation of the trust typically must be filed as a lawsuit within three years of the date that you knew or should have known of the actions that you wish to challenge.
Check out the additional resources provided by our law firm below and find out the answers to some of our clients’ most frequently asked questions about trust litigation:
— What Is A Trust In Estate Planning?
— What Is The First Step In Settling A Revocable Living Trust?
— Are There Any Alternatives To Guardianship Or Conservatorship?
— How Does A Trust Compare To A Will In Estate Planning?
— What Are The Benefits And Disadvantages Of A Trust?
Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!
- Jack M.
