Orange County Trust & Will Dispute Attorney
Aggressive Dispute Litigation in Orange County, CA
Looking for a lawyer for a trust and will dispute case in Orange County? At Finlay Law Group, APC, I am intent on providing my clients with skillful legal assistance in many different issues pertaining to estate planning. I am also available to assist your loved ones after your death with respect to administration of a trust or will and dealing with disputes. This can be an extremely trying time for loved ones. Their despair can be compounded by disputes between beneficiaries themselves and beneficiaries and successor trustees regarding the will or trust of the deceased individual.
When various disputes arise, it is important for you to have skilled legal assistance on your side. Whether you are challenging the validity of a trust and/or trust amendment, or if you are a beneficiary seeking to enforce the provisions of a trust, an Orange County estate litigation attorney can assist you in these types of disputes. Looking for a trust & will dispute lawyer in Orange County? My firm has handled many different disputes in the past, some of which include the following issues among others:
- Allegations of undue influence and/or incapacity
- Allegations of forgery
- accounting disputes
- disputes regarding trust interpretation
- breaches of fiduciary duty
- Trustee surcharge
- Validity of a trust or will
- Elder Abuse
Types of Trust and Will Disputes
Undue influence arises when a person convinces a decedent who may or may not have capacity to give away their assets to a person who would not usually be a natural object of their bounty. Sometimes, the testamentary document can be set aside on the basis that the decedent lacked competency and/or that the will or trust was a product of undue influence. Other times, the document can be an outright forgery. In these situations, a petition can be brought in probate court to get these types of documents nullified.
Other disputes involving trustees include allegations that a trustee breached his or her fiduciary duty by, for example, using assets for his or her own benefit rather than for the benefit of the beneficiaries. Sometimes trustees fail to keep the beneficiaries informed and/or fail to account to the beneficiaries regarding their fees. In this situation, the court can surcharge the trustee and recover the money for the beneficiaries.
Yet other disputes focus on outright financial elder abuse of an adult. A person gets a hold of the elderly person's checkbook and uses the money for their personal use. Such abuses are not discovered until after the adult has died. These acts constitute financial elder abuse and can be actionable in court.
In many cases, trust language is unclear or the trustor has made an amendment that is not really consistent with other trust language. The Probate Code provides for a mechanism whereby trustees and beneficiaries can petition the court to have the court weigh in on the meaning and validity of the trust language.
Will Attorney in Orange County, CA
Searching for an attorney for a trust and will dispute case in Orange County? As an estate planning attorney I have experience in handling all of these matters as well as others. If you are facing a dispute or some sort of contest regarding a will or estate then it is important for you to retain skilled legal assistance on your side. Need a trust & will dispute attorney in Orange County? Contact Finlay Law Group, APC today to discuss your situation by calling (888) 896-9350.