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When to Pursue Estate Litigation

The wellbeing of a trust can affect your personal finances as well as those of your spouse, children, and future generations. If you suspect that you or your family have been the victims of trust mismanagement or fraud, you may have grounds to file a lawsuit. Speak with an expert Los Angeles estate attorney at Catanese & Wells to better understand all available legal actions.

Los Angeles estate attorney

With years of experience dedicated to studying and practicing the relevant law, our expert legal team can advise you on how to seek restitution for your family’s estate. Continue reading to learn whether you should pursue trust litigation and what to expect during the course of the trial.

Grounds to File for Estate Litigation

The basis of your lawsuit will determine the specific legal actions that can be taken and the evidence required to prove your case. Therefore, you must have substantiated evidence that you or your family have been the victims of trust mismanagement or have valid cause to amend the conditions of the trust. Common reasons to bring forth a trust litigation case include:

  • To contest the validity of the trust
  • To legally remove a trustee
  • To modify the terms of the trust
  • To request a transparent accounting of the trust
  • To legally challenge a trustee’s actions

If you believe that you have substantial grounds to file a trust litigation case, the first step is to speak with an experienced attorney. At Catanese & Wells, we can help you navigate the legal process and ensure that your case is handled in the most efficient and effective manner possible.

Documentation Required to Pursue Trust Litigation

If you decide to pursue trust litigation, you will be required to provide specific documentation to the court. The required documentation will depend on the basis of your lawsuit, but may include:

  • The original trust documents
  • Accounting statements
  • Correspondences between trustees
  • Receipts
  • Canceled checks
  • Any other relevant documentation

An attorney from Catanese & Wells can help you determine which documents to prepare before presenting your case to the court. Preparing the right documents ahead of time will help speed up and prove the grounds for litigation.

Los Angeles estate attorney

The Process of Trust Litigation

The process of trust litigation can be complex and time-consuming. First, you must file a petition with the court through an attorney, which will then lead to a discovery process. During discovery, both sides will be required to disclose all relevant information and documentation. This is often the most time-consuming period of the litigation process, as it can be difficult to obtain some types of information and documentation.

After discovery, the case will go to trial, where a judge will hear evidence and testimony from both sides before making a ruling. If you are not satisfied with the ruling, you may have the option to appeal the decision.

The experienced attorneys at Catanese & Wells have represented clients in a wide variety of trust litigation cases and understand the complexities of the legal process. Our expert legal team is ready to work diligently to protect your interests and can guarantee the highest quality of service. Throughout the entire process, we will guard your legal rights.

Contact Catanese Law for Personalized Legal Advice

The best way to determine whether you have grounds to pursue trust litigation is to schedule a consultation with an attorney. During your consultation, we will review your specific situation and provide personalized information on how to proceed. To schedule a consultation at our office in Westlake Village, CA, please reach out at (818) 707-0407 or file an appointment request on our website.