Elk Grove Trust Litigation Attorneys

Advocating for Clients Involved in Trust-Related Disputes

Legal conflict involving a trust is rarely simple to settle. There are many variables at play, including the trust’s structure, its bylaws, the assets it holds, the parties involved, and the matters forming the basis of the dispute. All of this can make a resolution seem improbable, but an experienced trust litigation attorney can offer the services you need to end the conflict.

Huber Fox, P.C. can advocate for parties involved in trust disputes. These are sensitive legal matters where wealth and reputation are on the line, so rest assured that our legal team treats each client with the individualized attention they require. Whether you are the administrator, trustee, or beneficiary of a trust, we can provide the legal support you need to advocate for your cause or protect your liability.

Contact our trust litigation lawyers in Elk Grove today by calling (916) 237-8781.

Common Types of Disputes Involving a Trust

While trusts can be helpful tools for estate planning and asset protection, they can also be a source of disputes and conflicts among the parties involved.

A few common types of trust disputes include the following:

• Breach of Fiduciary Duty
• Mismanagement of Trust Assets
• Disagreements over Distributions
• Lack of Capacity or Undue Influence
• Changes in Circumstances

If you are a party to a dispute involving a trust, it’s essential that you secure legal representation as soon as possible. Our trust litigation lawyers in Elk Grove are experienced advocates who can provide the legal assistance you require.

Breach of Fiduciary Duty

A fiduciary is someone who has a legal duty to act in the best interests of another person or entity. In the case of trusts, the trustee is considered a fiduciary and is held to a high standard of care in managing the trust assets.

Any actions or decisions made by the trustee must be in the best interests of the beneficiaries and in accordance with the terms of the trust document. If a beneficiary believes that the trustee has breached their fiduciary duty, they may file a lawsuit to have the trustee removed and potentially recover damages for any losses incurred.

Mismanagement of Trust Assets

The trustee has a responsibility to manage the assets of the trust prudently and in accordance with the terms of the trust document. This may include investing the assets wisely and avoiding conflicts of interest. If a beneficiary believes that the trustee has mismanaged or improperly used trust assets, they may seek legal action to have the trustee removed and recover any losses.

Disagreements over Distributions

One of the main purposes of a trust is to distribute assets to beneficiaries according to the wishes of the grantor. However, disputes may arise if there are disagreements among the beneficiaries or with the trustee over how these distributions should be made.

This can also happen if there is ambiguity or lack of clarity in the trust document. In such cases, beneficiaries may seek legal action to resolve the issue and ensure fair distribution of assets.

Lack of Capacity or Undue Influence

In some cases, disputes involving a trust may arise due to questions about the grantor's mental capacity at the time of creating the trust. If it can be proven that the grantor did not have the mental capacity to understand the implications of creating a trust, it may be deemed invalid and subject to legal challenges. Similarly, if there are allegations of undue influence or coercion on the grantor in creating the trust, this can also lead to disputes among beneficiaries.

Changes in Circumstances

The terms of a trust document are usually set in stone and cannot be easily changed. However, in some cases, changes in circumstances such as financial or personal situations may warrant modifications to the trust. If there is disagreement among the parties involved on whether these changes should be made and how they should be implemented, it can lead to disputes and potential legal action.

Contact Us for Legal Assistance

Our trust litigation attorneys in Elk Grove can provide the dedicated legal representation you need during a trust dispute. Our goal is to provide each of our clients with an individualized experience that includes customized legal strategies and solutions. That means you can count on us to take the details of your legal situation into account as we work toward helping you secure the best possible outcome.

Send us a message at any time to request a consultation with Huber Fox, P.C.