Trusts are legal entities, similar to individual people and corporations. Therefore, you may be able to sue a trust for certain reasons — just as you would a company or a person. However, you would probably want to examine the specific rules for California before...
trust litigation
The law associates undue influence with financial elder abuse
The intertwining relationships in California families can be complex. If your elder family members have cognitive disorders, legal matters may become more complicated, especially in the area of estate distribution. At Cohen Law Office, P.C., we often represent clients...
What makes a legal living trust?
One of the worst things that can happen with your estate after your death is for a court to declare something invalid. That is why you have to be sure every aspect of your estate plan is airtight and legally sound. While you may have many different parts to your plan,...
Read this before you litigate a trust
Your parent recently died and left behind a trust in order to provide for you, your siblings and your stepsiblings. Although you feel gratitude for your parent’s generosity and forethought, the document is not what you expected. In fact, something seems downright...
What trusts can I create?
One of the estate planning tools California residents can utilize to protect their assets and distribute to the heirs and beneficiaries of one's wishes is a trust. A trust creates a fiduciary relationship between the trustor and the trustee, giving the trustee the...
When can a trustee’s actions lead to trust litigation?
Being named a trustee is an honor, but it also comes with many duties, both in the administration of the trust as well as a fiduciary duty towards the trust and trust beneficiaries. If a trustee in California fails to properly execute their duties, it could give rise...
Even a comprehensive estate plan could be subject to litigation
A person in California can carefully execute a comprehensive estate plan, with the hopes of making it clear what their wishes are with regards to who will inherit what, as well as what end-of-life care they desire. Yet, no matter how detailed their estate plan is,...
Claims of undue influence can lead to trust litigation
When a person in California dies, their loved ones will grieve. However, this grief is only amplified if the person's survivors disagree with the contents of the person's trust. Sometimes, these disagreements are small enough that the parties involved can resolve them...
How does trust litigation differ from challenging a will?
Many people in California have established a living trust as a means for distributing their assets to their chosen beneficiaries upon their death. However, even the most carefully thought-out trust can be the subject of trust litigation brought by a beneficiary who...
What if a trustee in California breaches their fiduciary duty?
When a person in California creates an estate plan, one document they might consider executing is a trust. A trust is overseen by a trustee. However, after a trust is created, the trustee must uphold his or her fiduciary duty. The failure to do so could lead to trust...