Wills and Trusts Attorneys in Los Angeles

Wills and Trusts Litigation

Here at Gomez Law, APC, we can tackle any will and trust litigation issue on your behalf. Whether you are looking to contest the will of a loved one, assert your rights as a beneficiary, or bring about an action for fraud and undue influence, we will have your back.

After a thorough review of your matter, our litigation attorneys will not only present to you the best and most realistic outcomes in your case, but they will also represent your best interests and fight for those outcomes on your behalf.

If you are struggling to deal with a will or trust legal issue, contact our highly experienced attorneys today to schedule a free initial consultation so we can get started on your case.

What are Common Trust Litigation Matters?

Trusts are created to ensure that heirs and beneficiaries can avoid the time and expense involved with the probate process. Unfortunately, external factors can often lead to trust litigation issues, which can impede family members and other beneficiaries from receiving their financial resources. Some of the most common trust litigation matters include:

Breach of Fiduciary Duties

Under Ca. Probate Code §16420, if a trustee commits a breach of trust, the beneficiary or co-trustee of the trust may commence a proceeding for any of the following purposes: (1) to compel the trustee to perform their duties; (2) to stop the breach of the trustee’s duties; (3) to compel the trustee to redress their breach by payment of money or otherwise; (4) to appoint a receiver or temporary trustee to take possession of the trust property and administer the trust; and (5) to remove the trustee altogether.

Fraud, Duress, and Undue Influence

Under Ca. Probate Code §16420, an action can be commenced if the trustee commits or even threatens to commit fraud, duress, or undue influence. One of the most common examples of undue influence involves someone putting pressure on the grantor (the person who created the trust) to make changes that benefit them.

Lack of Capacity

Under Ca. Probate Code §810, all persons generally can make decisions. Still, that capacity may be at stake when there is some mental or physical defect inhibiting a person’s ability to do so. Incapacity can be argued, but it is difficult to prove. Rely on Gomez Law, APC, to put the best argument forward when you have reason to believe that your loved one could not draft the will or trust in the manner that is presented.

Forgery

Under Ca. Probate Code §21310, the entire validity of a will or trust can be contested if any portion, including the signature, is found to be forged.

What Legal Challenges Often Occur in Probate Proceedings?

Just as with trust litigation issues, legal challenges often arise in probate proceedings. Disputes often stem from complex probate issues that require the help of experienced attorneys like those of Gomez Law, APC. Some of the most common probate litigation matters include:

Contested Wills

Under Ca. Probate Code §6110, a person may contest a will if formalities in the formation of the will were not strictly adhered to. For example, if the testator did not sign the will, someone else signed or drafted it on their behalf, and there were no proper witnesses to the will.

Breach of Executory Duties

Under Ca. Probate Code §8502, if an Executor breaches their duties, they can be removed from the position of Executor of the Will. They can even be forced to pay compensatory, punitive, and treble damages depending on the severity of their actions.

Will Interpretation

Under Ca. Probate Code §21120, “the words of an instrument are to receive an interpretation that will give every expression some effect, rather than one that will render any of the expressions inoperative. Preference is to be given to an interpretation of an instrument that will prevent intestacy or failure of a transfer, rather than one that will result in intestacy or failure of a transfer.” In this way, it might be essential to look at the different ways each clause in a will may be interpreted.

Do I Need to Hire Wills and Trust Lawyers to Assist Me with My Legal Needs?

Trust and will litigation issues can be rather complex, and they are best left to professional attorneys who see and handle these matters every day. If any of the above issues apply to you or a loved one, contact Gomez Law, APC today at 213-772-6404 for your free consultation.