San Jose, California
San Jose, California
Trust and Estate Lawyers
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Proper administration of a trust involves many details and a working knowledge of the law. Although court supervision is rarely necessary, guidance from an experienced estate lawyer can help you avoid mismanagement pitfalls in your work as trustee. Ideally, you’ll carry out the wishes of the deceased in distributing their assets accurately, efficiently, and in full compliance with California law.
When administering a trust, it’s common to have questions about the handling of trust assets. Important details of estate handling include the management of bank accounts, knowing how and when to make the appropriate notifications and disbursements, appropriate use of trust funds to pay expenses, and how to conclude the process completely, avoiding any further liability or risk on your part as trustee. All these and many more issues are involved, which can be confusing and, if mismanaged due to ignorance of the law, can create long-term legal problems and harm family relationships.
Most trusts provide for the payment of legal services directly from trust assets, so you should not be hesitant to enlist legal assistance to help answer your questions regarding trust management. Learn more about trust administration, or contact our San Jose estate attorneys.
If your inheritance has been affected by a sibling or other person unduly influencing your vulnerable parent in the creation or modification of their trust, then it may be appropriate to contest the terms of the trust.Although every individual may freely choose the beneficiaries of their own estate, courts require that this be done voluntarily and with sound mental capacity.
Trust litigation can take place when the terms of a trust have been changed as a result of fraud, duress, forgery, or other inappropriate action by an individual other than the testator. When successful, it will result in a court judgment to restore the original intentions of the deceased in the handling of their estate and assets.
At Huber Fox, we will represent you and guide you through the process of a trust contest , or defend you with experienced legal representation if your share of a trust is being challenged. You can read more about trust contests or contact our San Jose, CA lawyers.
The probate process can be lengthy and time-consuming , with many details to be attended to by the executor. with many details to be attended to by the executor. Probate applies to all estates with assets exceeding $150,000 in value which have not explicitly been transferred to a trust during the lifetime of the testator. When probate is necessary, it usually involves greater expense, complexity, and time to complete than when the assets of an estate are incorporated in trust(s) through careful estate planning.
Because probate involves the court system, legal counsel and/or representation is especially appropriate so that you can be fully prepared for the steps involved and understand how the probate court will supervise the process. At Huber Fox, we can fully represent you through the court process of probate, ensuring that everything is conducted according to California law. Alternatively, if you, as the executor, choose to take primary responsibility for handling probate, we can coach you through the process and provide expert guidance to help you avoid missteps.
The law permits probate attorney costs to be paid from the assets held by the estate , so you can be confident that hiring a probate lawyer will not put a burden on your own personal finances. Entering probate with strong legal support is important, and will help bring the process to completion as accurately and efficiently as possible. Learn more about probate administration services and contact our San Jose lawyers.
Because the probate process is lengthy and involved, much opportunity exists for mismanagement of assets, fraud, and simple human error , all of which can result in financial turmoil and harm to family relationships. However, as the beneficiary of an estate, you can petition the court with probate litigation to restore order to the handling of the estate. Our San Jose attorneys can represent you in claiming a breach of fiduciary duty, seeking recovery of losses or removal of the court-appointed individual responsible for administering the estate.
Probate litigation can also take the form of a will contest , arguing that the deceased person’s Last Will and Testament did not represent their true wishes, and was manipulated through undue influence, duress, or other means by a third party taking advantage of the testator. In this case, probate litigation must be filed within a limited time period after receiving the probate court’s Notice of Administration regarding the estate.
When disputes arise in the execution of an estate due to family disagreements , it is often best to work toward conflict resolution, resolving the matter between you as individuals rather than relying on protracted litigation. But, when legal representation is necessary to ensure a fair handling of the estate, you can contact our San Jose estate lawyers for a free consultation below.
After decades of hard work and responsible financial habits, elders have often accumulated significant assets , which may take the form of financial wealth, real estate equity, or other investments. Unfortunately, this may also be a time period in their life when their mental and physical condition is waning and they are most vulnerable to be targeted by individuals seeking to take financial advantage of them through theft, fraud, or undue influence.
As an elder, your priority should be to ensure that your financial and legal affairs are in order , and that arrangements have been made for a trusted person to handle your affairs if a time comes when you are not able to manage them adequately on your own. This limits your exposure to risk of financial abuse, and protects you from predators who would seek to gain from your position. Our San Jose estate planning attorneys can assist you in writing your will and creating trusts to ensure that the assets in your estate will pass to your designated beneficiaries in the way you intend.
If you observe signs of financial abuse in an elder, talk to them and offer to help with their finances or assist them in finding a qualified professional to do so. Be tactful in your conversation, as they may already feel insecure and self-conscious about their life situation. When necessary, our San Jose lawyers can provide legal representation to protect them from being victimized by a financial predator. Contact us below for a free consultation.