Trust Litigation Attorney Los Angeles

Unlike civil disputes where a jury is available to redress a dispute, in most estate litigation cases the dispute is decided by a judge and not by a jury. Accordingly, it is very important that the lawyer understand not only the particulars of estate planning, but most importantly what is required to prevail in a court action before a judge. The estate and trust litigation attorneys at Catanese & Wells have the experience and the ability to represent clients who are trustees, beneficiaries, third parties and fiduciaries in all manner of estate disputes that may come before the court.

Our clients are varied in the realm of estate litigation. We have helped everyone from high-net-worth individuals to non-profit organizations. A lot of our clients are big names in the public eye, and we appreciate them putting their trust in our estate attorneys to not only protect their rights but maintain their privacy to the best of our abilities.

Trust Litigation vs. Estate Litigation in Los Angeles: Similarities and Differences

Both trust litigation and estate litigation deal with disputes related to how assets are distributed after someone passes away, but they involve distinct legal mechanisms and considerations.

Similarities:

• Asset Distribution: Both types of litigation revolve around disputes concerning the allocation of assets after death. In either case, beneficiaries, heirs, or other parties may challenge the management, distribution, or validity of the assets.
• Breach of Fiduciary Duty: In both estate and trust litigation, a key issue may involve claims that a fiduciary (such as an executor in estate litigation or a trustee in trust litigation) has breached their duties. These fiduciaries are legally obligated to act in the best interest of the beneficiaries, and failure to do so can lead to legal action.
• Contesting Documents: In both situations, involved parties may contest the validity of documents such as a will (in estate litigation) or a trust agreement (in trust litigation), often on grounds like fraud, undue influence, or incapacity.
• Court Proceedings: Estate litigation and trust litigation are both handled in probate or civil court, where a judge will decide on the dispute, potentially after lengthy discovery and trial processes. Generally, an estate attorney can represent you in both types of cases.

Differences:

• Focus of the Dispute: Estate litigation centers around the management and distribution of assets according to a will or, in cases of intestacy, state law. Trust litigation, on the other hand, specifically deals with disputes concerning a trust and its administration, such as how a trustee is handling the trust assets or if the terms of the trust are being properly followed.
• Parties Involved: In estate litigation, the executor or personal representative of the deceased’s estate is typically the focal point, while in trust litigation, the trustee (who may or may not be the same person) is the main party being scrutinized. Beneficiaries are involved in both but may have different roles depending on the context.
• Legal Authority: The executor in an estate is governed by the terms of the will and state probate law. In contrast, a trustee is bound by the terms of the trust document and state laws that govern trusts. This difference in legal authority can affect how disputes are resolved and the powers available to the fiduciary.

In essence, while both types of litigation share common themes related to asset distribution and fiduciary responsibility, they focus on different legal structures (wills vs. trusts) and involve distinct processes for resolving disputes.

Common Reasons for Seeking out a Trust Lawyer

It is important to contact estate lawyers at the proper time. Some common issues that can bring about the need for a trust litigation attorney or probate lawyer include:

• Inheritance Disputes Amongst Children
• Trust Litigation Disputes
• Trustee Breaching Fiduciary Duty
• Power of Attorney Abuse
• Embezzlement
• Undue Influence

Estate litigation is based on state law. The trust litigation attorneys at the firm represent clients throughout the state of California including Santa Barbara, Ventura, Los Angeles, Orange and San Diego counties. Conveniently located in Westlake Village in northern Los Angeles County the law firm offers local services to clients living in Malibu, Westlake Village, Thousand Oaks, Ventura, Santa Barbara and Los Angeles. If you are conducting research on an estate legal issue, make sure that you are only focusing on California state law as the rules and regulations will vary from state-to-state.

What Sets Catanese & Wells Trust Litigation Lawyers Apart?

The senior attorney at the law firm, T. Randolph Catanese, Esq., was a co-founder of the Conejo Valley Estate Planning Council which includes professionals from many disciplines including attorneys, accountants, bankers, professional trustees, certified financial planners, and wealth advisors. Mr. Catanese has tried cases to a final judgment before trial judges in estate disputes in virtually every major county in Southern California. The associate probate attorneys at the firm have also attended trials before probate judges. The estate lawyers of the firm have also resolved many client cases via alternative dispute resolution such as mediation. Our track record of success has allowed us to represent families from generation to generation.

Westlake Village trust litigation lawyers at Catanese & Wells have litigated many estate disputes including – will and trust contests, elder abuse, trustee and beneficiary disputes, conservatorships, court ordered constructive trusts, omitted spouse (child), third party creditor claims and wealth protection. In most cases, the law firm seeks to resolve the dispute absent court intervention, but when a consensual resolution is not practicable then the trust lawyers will aggressively represent the client’s interests as needed before the court.

There is no substitute for experience and knowledge. Not only is it beneficial to have experienced estate attorneys within a courtroom, but outside of it as well. There are times where are our expert estate lawyers will be able to recognize a potential legal issue before a client ends up in court. Risk management is a key factor of successful trust litigation attorneys and estate lawyers.

It is also important that an estate attorney can assist their clients when looking to create a trust or will. We understand the incredible importance of the content within a trust or will. Our team of trust and litigation lawyers will review it several times to ensure that all facts are correct, and the future of our clients’ most valuable assets are safe and secure.

Let the estate lawyers at Catanese & Wells use their experience and knowledge to assist you with any estate, trust or probate dispute.  It is our promise that our estate lawyers will always work to the best of their abilities while maintaining a sense of privacy. A lot of our clients appreciate our probate attorneys’ commitment to staying as discreet as possible. Our commitment to quality and discretion is unwavering. In everything from assisting in setting up a trust to disputing a will, our team has your best interest in mind.

The Trust Litigation Process in Los Angeles

Trust litigation can be a complex process, often requiring legal intervention to resolve disputes over the administration and distribution of trust assets. Here is an overview of what to expect during trust litigation in Los Angeles:

1. Identifying the Dispute Trust litigation often arises when beneficiaries believe a trustee has mishandled assets, failed to comply with the terms of the trust, or engaged in self-dealing. Other common disputes involve accusations of undue influence or fraud in the creation or modification of the trust, or concerns over the validity of the trust itself due to the settlor’s mental incapacity at the time of signing.
2. Filing a Petition in Probate Court To initiate trust litigation, a formal petition must be filed with the Los Angeles County Probate Court. The petition should clearly outline the legal issues in dispute and the remedies being sought. Depending on the nature of the conflict, this could include removing a trustee, recovering mismanaged assets, or seeking an accounting of the trust’s financial activities.
3. Serving Notice to Interested Parties Once the petition is filed by your Los Angeles estate attorney, the trustee and all other interested parties (such as beneficiaries and co-trustees) must be served with notice of the legal action. These parties are entitled to respond to the petition and defend their interests in court.
4. Discovery Phase In the discovery phase, both sides gather and exchange relevant information and evidence. This may involve document requests, depositions, and subpoenas for financial records. Discovery is crucial to building a strong case and often uncovers information that is pivotal to resolving the dispute.
5. Negotiations and Mediation Before proceeding to trial, many trust disputes in Los Angeles are settled through negotiation or mediation. Mediation offers an opportunity for the parties to reach a mutually acceptable agreement, potentially avoiding the time and expense of a full court trial.
6. Court Proceedings If the parties cannot reach a settlement, the case will proceed to trial in probate court. During the trial, both sides’ trust attorneys present their evidence, and the judge makes a ruling based on the facts and California trust law. Court decisions may include removing or replacing the trustee, ordering a new accounting, or voiding certain trust provisions.
7. Enforcing the Judgment If the court issues a judgment, it is legally binding. In some cases, enforcement measures may be necessary to ensure the trustee complies with the court’s orders, particularly if the judgment involves the return of assets or changes to the trust’s administration.
8. Appeals In certain cases, one or both parties may appeal the court’s decision. Appeals can prolong the litigation process but offer a chance for reconsideration if there were legal errors in the original trial.

Trust Litigation Expertise in Los Angeles and Westlake Village

Given the complexity of trust litigation, working with an experienced Los Angeles trust litigation attorney familiar with California trust law is crucial. A knowledgeable lawyer can guide you through each step of the process, advocate for your rights, and help ensure a fair resolution. Whether you are a trustee facing a challenge or a beneficiary seeking justice, trust litigation demands careful attention to detail and a strategic approach.

Related Disputes We Handle in Trust and Estate Litigation

Trust and estate litigation in California often involves more than just the basic contest of a trust or will. At Catanese & Wells, our Los Angeles trust litigation attorneys have deep experience resolving a wide range of disputes that can arise during probate and trust administration. Understanding these common issues can help you better protect your rights and know when to seek legal guidance.

Will Contests and Invalid Wills

A will contest may arise when family members or other interested parties believe that a will does not accurately reflect the true intentions of the deceased. Grounds for contesting a will include undue influence, lack of capacity, fraud, or improper execution. Our estate litigation lawyers in Los Angeles guide clients through the process of challenging or defending the validity of a will in probate court.

Trustee Misconduct and Breach of Fiduciary Duty

Trustees are legally obligated to act in the best interests of beneficiaries and manage trust assets responsibly. When a trustee misuses funds, fails to provide adequate accounting, or acts in their own interest, beneficiaries can take legal action for breach of fiduciary duty. Our team has extensive experience removing unfit trustees and recovering mismanaged assets.

Undue Influence and Elder Financial Abuse

Elder financial abuse and undue influence are serious concerns in estate and trust matters. Elderly individuals may be manipulated into changing their will or trust to favor certain parties unfairly. We help clients challenge suspicious changes to estate documents and work to protect vulnerable family members from exploitation.

Omitted Spouse and Omitted Child Claims

California law provides rights for spouses and children who have been unintentionally omitted from a will or trust. These “omitted heir” claims can be complex and often require skilled litigation to secure a fair inheritance. Our lawyers can help assert these rights and resolve disputes with other heirs or trustees.

Conservatorship Disputes

When an individual can no longer manage their personal or financial affairs, the court may appoint a conservator. Disputes can arise over the appointment of a conservator or allegations that a conservator is not fulfilling their duties properly. Our probate litigation attorneys handle contested conservatorships to protect the interests of vulnerable family members.

Creditor Claims Against Estates and Trusts

Creditors may assert claims against an estate or trust to recover debts owed by the deceased. Beneficiaries and fiduciaries often need legal representation to resolve these claims fairly and prevent creditors from taking more than they are entitled to under California law.

Estate Litigation Filings in California

Per the 2023 Court Statistics Report provided by the Judicial Council of California, here are how many estate litigation cases were filed in the previous year by location:

• Los Angeles, including Westlake Village: 12,248
• Santa Barbara: 483
• Ventura: 687
• San Bernadino: 2,728
• San Diego: 2,428

So, you can see that you are not alone. If you have any questions about estate litigation in Westlake Village, Santa Barbara, Los Angeles, Thousand Oaks, Ventura. Malibu, or surrounding areas, we are experts in California law and our team is here to help.

Frequently Asked Questions About Trust Litigation in Los Angeles

What does a trust litigation attorney do in California?

A trust litigation attorney represents trustees, beneficiaries, or heirs in disputes involving the administration or validity of a trust. This can include removing an unfit trustee, recovering mismanaged assets, contesting the terms of a trust, or defending a trustee against false claims. Our Los Angeles trust litigation lawyers guide clients through the entire legal process, from filing petitions to representing them in probate court.

When should I hire an estate litigation attorney in Los Angeles?

You should consult an estate litigation attorney if you suspect misconduct by a trustee or executor, believe a will or trust was created under undue influence, or if you are an omitted spouse or child seeking your rightful inheritance. Acting quickly can help prevent further loss of assets and protect your legal rights under California probate law.

How long does trust or estate litigation take in California?

The length of trust or estate litigation varies based on the complexity of the case and the willingness of parties to settle. Simple disputes may resolve within a few months, but cases involving multiple heirs, contested assets, or allegations of fraud can take a year or more. Your Los Angeles trust litigation lawyer can help you understand the expected timeline for your unique situation.

Can I contest a trust in California if I’m a beneficiary?

Yes. Beneficiaries have the right to contest a trust if they believe it was created under fraud, undue influence, or if the trustee is mismanaging trust assets. A successful trust contest can result in removal of a trustee, modification of trust terms, or recovery of misused assets. Our estate litigation attorneys have decades of experience handling trust contests across Los Angeles County.

What are the most common reasons for trust and estate disputes?

Some of the most common reasons include:

• Breach of fiduciary duty by a trustee or executor
• Disagreements among heirs or beneficiaries
• Claims of undue influence or elder financial abuse
• Invalid wills or trust documents
• Omitted spouse or child claims
• Creditor claims against the estate

Our firm helps clients address these disputes quickly and discreetly to protect family relationships and preserve assets.

Do I have to go to court for a trust or estate dispute in Los Angeles?

Not always. Many trust and estate disputes are resolved through negotiation or mediation, which can save time and reduce costs. However, if a fair agreement cannot be reached, your attorney may recommend going to probate court to protect your interests. Catanese & Wells is prepared to advocate aggressively on your behalf both in and out of court.

Get Trusted Answers from an Experienced Los Angeles Trust Litigation Attorney

If you have more questions about trust or estate litigation in California, contact Catanese & Wells today for a confidential consultation. Our experienced legal team is ready to help you navigate even the most complex estate disputes with confidence and care.

Links

• Affordable Care Act’s Financial Effect on Settlement Planning
• How the Affordable Care Act Needs Special Planning
• Nursing Home Guide
• Social Security Administration
• National Center on Elder Abuse
• U.S. Administration on Aging
• California Department of Aging