Trust Litigation Attorney

The purpose of establishing a trust as part of a comprehensive estate plan is to protect your assets during your lifetime and to ensure that those assets are distributed according to your wishes after your death. A trust can help your beneficiaries avoid the probate process, include provisions to lower estate taxes, and protect your assets from creditors.

Usually, trusts are created in such a way that the transfer of assets from the trust to its beneficiaries is clearly spelled out in the terms of the trust; therefore, it should be a seamless process. Unfortunately, in spite of having a well-crafted trust in place, trust disputes can still arise, requiring the services of a trust litigation attorney.

Trust litigation attorneys are experienced in handling disputes that arise between trustees and beneficiaries. Disputes are more likely to arise when one or more parties feels that the trust can be interpreted differently or if the beneficiaries feel that there is a significant problem with the trustee.

Trust litigation is a type of civil lawsuit filed in Probate Court. While there are many possible reasons for trust disputes, they typically fall into five categories.

Reasons for trust disputes

The following are the most common reasons for trust disputes:

  • Breach of Fiduciary Duty
  • Disputed Trust Accountings
  • Trustee Removal
  • Disputes between Co-trustees
  • Petitions for Instructions

If you are a trustee, enlisting the services of a trust litigation attorney is advisable if:

  • You have been accused of misconduct by a beneficiary
  • A beneficiary has asked you for an accounting of the trust
  • You are a co-trustee and are working with an uncooperative fellow trustee
  • You have made a mistake and do not know how to rectify it.

If you are a beneficiary, you may need to hire a trust litigation attorney if:

  • You are concerned about the trustworthiness or competence of a trustee
  • A trustee has refused to give you an accounting of the trust
  • A trustee refuses to respond to your questions

Attorneys ready to help

At the Leo Law Office, located in San Diego, we focus on trust litigation. If you need the services of an experienced and dedicated attorney for trust disputes, attorney Shawn Leo can help you navigate trust dispute resolution, including how to remove a trustee if you believe that they have committed a breach of fiduciary duty.