After a person passes away, conflicts can arise between family members over who gets what from the estate. Other times, disputes arise because a trustee, personal representative, or executor had little to no experience, and was not suited for the role of managing assets of a decedent’s estate. As a result, litigation related to estates and trusts is fairly common. Estate-related litigation can be complex, costly, and time-intensive. As a result, many individuals choose to work with an experienced Roseville, California trust litigation lawyer so that they don’t have to figure out how to successfully navigate these challenging situations on their own.
Some of the Reasons Trust Litigation Arises
The trustee assigned to manage a trust owes a fiduciary duty to appointed beneficiaries. However, there are times when trustees don’t appropriately honor this duty. A beneficiary may allege that the trustee committed malfeasance, or acted in a way that was in one’s own best interest and not based on the instructed wishes of the decedent. Other types of allegations may be over illegal disposal of assets, diversion of assets, undue influence, and conflicts of interest. In order to weave through a complex trust-related dispute successfully, you may benefit from speaking with an experienced Roseville, CA trust litigation lawyer from Yee Law Group.
Pursuing Case Against Trustee
If you are the relative of the decedent who feels like the trustee isn’t being responsible and acting with care towards your loved one’s trust or estate, it is recommended that you seek legal intervention before matters escalate. During such a sensitive time, relatives may be so overwhelmed that they become frozen and don’t know what to do. Receiving sound advice from a Roseville, CA trust litigation lawyer can make the difference in seeing that beneficiaries get their due inheritance.
Before the decedent passes away, he or she may have chosen a trustee who they care deeply about but didn’t consider whether that individual was capable of carrying out such an important role. It is important for anyone writing a trust and estate plan, to pick a trustee that they feel is reliable, isn’t afraid to ask for help, trustworthy, genuine, and would only act in the best interest of the decedent.
What To Do When Litigation is Unavoidable
A Roseville, CA trust attorney who has represented clients in your predicament before, has earned a significant understanding of the laws and legalities of trusts (surely more-so than the average person). It may be tempting to reach out to friends and family for advice on what to do. While their suggestions may be well-intentioned, they may not be helpful. By contrast, a Roseville, CA trust litigation lawyer can investigate the situation further, and let you know when trust litigation may be advised and/or unavoidable. Conflicts for the following reasons are unlikely to be settled outside of trust and estate litigation:
- Illegal distribution of assets by the trustee
- Mismanagement of assets by the trustee
- The trustee being unable to perform duties as required
- Conflicts of interest
- A situation that impairs impartiality of trustee
- Suspicions that manipulation, undue influence, or other pressures were put on the decedent before passing away