Orange County Trust Litigation Lawyer
Trust Litigation Attorney in Orange County Trustees
A trustee is the person in charge of a trust. That person is entrusted with the highest duty of care to ensure that trust assets are properly managed and kept productive. Many times trustees do not realize that they can be held personally liable for all losses to the Trust estate. Oftentimes, disputes arise between Trustees and beneficiaries when the Trustee is doing their best to abide by the terms of the Trust, and the beneficiaries are simply not happy with those terms. It can also be the case that despite the best efforts of the Trustee, things go awry.
We are experienced litigators who represent Trustees who have been sued for alleged misconduct or who are involved in litigation related to their role as Trustee of the Trust. It is imperative that Trustees mount an aggressive and effective defense, because Trustees can be held personally liable for losses to the Trust.
Most of the time, Trustees are permitted to use Trust funds to defend themselves against litigation brought by beneficiaries. After meeting with our clients, we are able to advise them regarding payment options.
Trustees of a trust have an extraordinary amount of power. They exercise complete control over the Trust assets. They are often called upon by the Trust instrument to make judgment calls over when and how assets are to be invested and distributed. Many trustees are nonresponsive, others are incompetent and sometimes they are downright corrupt. Sometimes, a beneficiary can feel helpless as they watch a derelict or nonresponsive Trustee engage in negligent, irresponsible or sometimes malicious behavior. These decisions directly affect the beneficiary’s rights in the Trust, but the beneficiary may feel like there is nothing they can do. The truth of the matter is that beneficiaries have substantial rights under the law. But these rights are useless unless they are vigorously defended in Court by a competent trust litigation attorney.
We have vast experience in aggressively pursuing the rights of beneficiaries. At times we can solve the problem by engaging in tough negotiation with the trustee and/or their attorney. However, when it is necessary to litigate these matters in a courtroom, our staff of attorneys has vast experience in ensuring that the rights of our beneficiary clients are protected through litigation.
Many times our clients are in a position where they are beneficiaries of a substantial sum of money held by the Trustee, but they cannot access these funds in order to pay an attorney to protect their rights. We are well aware of this all-too-common situation, and we are willing to work with our clients to find creative ways to finance the litigation. Sometimes, we are even able to do all of the legal work without being paid any fees up front. We work it out so that we are paid at the conclusion of the matter. This allows our client to have the highest quality of legal representation without having to advance substantial legal fees along the way.
Contact an Orange County Probate Lawyer at Bradley R. Kirk & Associates today to discuss trust litigation in southern California.