Irvine Trust Litigation Lawyers
Customized Legal Services in Orange County
Although a trust is designed to make things go smoothly after the death of a loved one, disagreements between trustees and beneficiaries can complicate the process. If the administration of a trust has led to a dispute, our experienced Irvine trust litigation attorneys can help. Whether you are a beneficiary or a trustee, we are prepared to put our combined 50+ years of trust/probate experience to work for you.
We Represent Trustees in Litigation
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. Trustees often do not realize that they can be held personally liable for all losses to the Trust estate.
Oftentimes, disputes arise between Trustees and beneficiaries where although the Trustee is doing their best to abide by the terms of the Trust, 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. We 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.
We Represent Beneficiaries in Litigation
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, some are incompetent, and others are downright corrupt.
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 asserted 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.
Often 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 our Irvine trust litigation lawyers at Bradley R. Kirk & Associates, Inc. today to discuss the right path forward.
“I am grateful he was my attorney. He is straight forward, honest, and knows how to put a case together! We went to arbitration to settle and Brad was fantastic, organized, had EVERYTHING documented, and right at his fingertips.”- Steph
Honesty, Transparency & Accessibility
Aggressive Representation. Optimal Results.
Over 50 Years of Legal Experience
Board Certified Specialization in Probate & Trust Litigation