Court Intervention in Trust Litigation Protects Trusts

Litigation of disputed family rights in trusts is common in California.  Often, the court in Los Angeles makes orders clarifying the rights and duties of the trustee, which ruling results from “trust litigation” of those issues by a lawyer or more than one attorney, lending itself to post-death changes in the terms of the trust.  What creates litigation may have its source in old feelings or old family dynamics.  Most of the trust disputes happen among siblings.   Also common, are step-mother or step-father battles with children of the deceased spouse involving trusts in California.

List of frequent trust litigation issues handled by a trust litigation lawyer

1. What assets should be in Trust A v. Trust B.

2. What was the value of the asset when the assets were allocated to Trust A v. Trust B.

3. Can the surviving spouse change the trust after the death of her spouse?

4. Does the surviving spouse owe an accounting to children of the deceased spouse?

5. What can be spent from Trust A?  What can be spent from Trust B.

6.If there is a business in operation, who will operate the business for the trust, and what will they be paid?

7. Ambiguity in the terms of the trust.

If you need any of your trust rights clarified by the court or advice about a pending litigation, contact Mina Sirkin, who is a trust litigation lawyer in the San Fernando Valley and in Los Angeles.  Hire a Board Certified Specialist in Trust Law, experienced as a trust litigation attorney to advise you about the rewards and risks in litigation.  We can help you avoid headaches and unnecessary fights. Call today: 818.340.4479.  Contact us here.