Fair Oaks Trust Litigation Lawyers

Years of Experience Protecting Families Throughout California

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Divorce
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Child Support
Death & Incapacity

Fair Oaks Trust Litigation Attorney

A person’s death can be an emotionally challenging event for their surviving loved ones and generate a host of difficult legal issues pertaining to the transfer of ownership rights over their property and assets. If the deceased had any estate planning documents in place at the time of death, these documents could help their family avoid a lengthy, expensive, and stressful probate process. One of the most commonly chosen estate planning options available today is a trust. A Fair Oaks, CA, trust litigation attorney can help you and your family handle your deceased loved one’s trust and ensure it is executed faithfully.

The team at McCunn Law provides years of focused experience in California trust litigation to every client our firm represents. If your loved one created a trust before their death, it’s vital to understand the legal processes for disbursing the trust’s contents, the legal responsibilities of the trustee, and how to avoid many of the common probate issues that emanate from poorly constructed or mismanaged trusts.

A Fair Oaks Trust Litigation Attorney You Can Trust Call (916) 827-3427

Why Do I Need a Fair Oaks, CA, Trust Litigation Lawyer?

Whether you intend to create your own trust to limit uncertainty for your loved ones after your death, if you have been named trustee for a loved one, or if you believe a trustee appointed to manage your deceased loved one’s trust has failed in their fiduciary duties, a Fair Oaks, CA, trust litigation attorney can be an invaluable asset in navigating these difficult situations. Your attorney can assist with:

  • Trust creation, ensuring it is as legally enforceable as possible. For example, your trust can include instructions for disbursing the contents of your bank accounts, stock portfolio, and physical assets, but it cannot include things like your 401(k) account and some other assets.
  • Trust modification, in the event you need to alter the contents of a revocable trust. If your loved one has created an irrevocable trust, the elements are legally set in stone unless any evidence of fraud, coercion, or illegality surfaces.
  • Trust litigation, if you or another beneficiary of a loved one’s trust raises a dispute over the trust’s contents or handling.

At McCunn Law, our team strives to eliminate the pressure and uncertainty that trust litigation often entails. We will work closely with you and your family to determine the best approach to your current situation.

What Is Trust Litigation?

Trust litigation is the process of handling any disputes that arise over the handling of a trust. When an individual creates a trust, they place their assets and property within the trust and designate ownership of the trust’s contents to a trustee. This individual may be their spouse, a grown child, a close family friend, or even their attorney. Typically, the trustor or creator of the trust will designate multiple choices for trustee if their first choice is unwilling or unable to assume the duties of a trustee.

The main purpose of a trust is to help the trustee’s family avoid probate, the lengthy litigation process that unfolds when a deceased person has no estate planning documents in place at the time of death. Probate is notoriously tedious and stressful, and the probate process revolves around the state’s laws for intestate succession. This can lead to many disputes among the deceased’s beneficiaries. They may disagree with the judge’s determinations and raise disputes about the validity of intestate succession laws based on numerous personal factors that the court will generally disregard in favor of upholding strict intestate succession statutes.

Unfortunately, even the most carefully crafted trusts can still generate disputes among the deceased’s family and beneficiaries. It’s possible for anyone with a valid claim on any portion of the deceased’s estate to raise a dispute over the legality of the trust or the trustee’s handling of it. For example, they may claim that the deceased did not create the trust under legal conditions or that the deceased was illegally coerced in some way that renders the trust unenforceable.

It is also possible for some parties to contest the trustee’s handling of the trust. For example, the trust may outline how the contents of the trust must be used, and if the trustee violates these conditions or fails to execute their duties faithfully, one of the deceased’s beneficiaries or any party named in the trust could raise a dispute that leads to extensive litigation.

What Does a Trusts and Estate Planning Attorney Do?

A Fair Oaks, CA, trust litigation lawyer can be an incredible asset during any phase of trust creation or trust administration. If you are creating your own trust, your attorney can help you choose the best available trustees, gather all the documentation you must include in your trust, and provide you with valuable guidance to determine which type of trust would be the best in your situation. For example, a revocable trust allows you to adjust it in the future, but it remains an estate tax liability for your loved ones. On the other hand, an irrevocable trust is no longer a tax liability, but it prevents any modification whatsoever once created.

Trusts are usually good ideas for people who own substantial assets or who want to ensure financial support for their children from previous marriages. Working with an experienced Fair Oaks, CA, trust litigation attorney is the best way to determine whether a trust is right for your situation and what type of trust would help you achieve your estate planning goals. Additionally, experienced trust litigation attorneys like those at McCunn Law can provide additional guidance for a more robust estate plan, such as creating a durable power of attorney, advanced care directive, and a living will.

Find Your Legal Counsel in Fair Oaks Today

The attorneys at McCunn Law have years of experience in trust litigation and trust administration. No matter what your situation entails, our team has the resources and experience to guide you through the estate planning process and help you prevent or resolve disputes related to a loved one’s trust. If you are ready to speak with an experienced and compassionate Fair Oaks, CA, trust litigation attorney, contact McCunn Law today to find out how we can help you.

Why Choose McCunn Law

Our methods for handling business owner divorce and family law issues are unique. We offer legal assistance for a range of family law cases, including:

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.