Granite Bay Trust Litigation Attorney
Granite Bay Trust Litigation Lawyer
Estate planning is an essential consideration for everyone, especially individuals who own substantial assets and want to ensure their loved ones receive those assets after their death. There are many available options for estate planning today, and trusts are some of the most effective and reliable estate planning contracts anyone can create.
At McCunn Law, our team strives to provide every client we represent with the most robust estate planning services possible. We take the time to get to know every client personally so we can provide more comprehensive representation and legal advice as they create their trusts and other estate plans. If you want to develop a comprehensive, reliable, and effective trust in Granite Bay, call our firm. It’s vital to understand how trusts work and the value a trust litigation attorney can potentially provide.
A Granite Bay Trust Litigation Attorney You Can Trust Call (916) 773-6100
How Does a Trust Work?
Trusts come in many forms, and it’s possible to customize your trust in different ways based on your unique needs and goals for your property. At the most basic level, a trust functions as an estate planning contract by placing your property into a trust and under the ownership of your designated trustee. The trustor, or creator of the trust and original owner of the trust’s contents, stipulates which assets become part of the trust and nominates a trustee. It’s also possible to nominate a second and even third choice to account for the possibility that the trustor’s first choice of trustee is unwilling or unable to discharge their responsibilities as a trustee.
The ultimate goal of a trust is to avoid the probate process. When an individual dies without any estate plans or a minimal estate plan, the probate process is the legal procedure of transferring ownership rights of the deceased property to their beneficiaries as defined by the laws of intestate succession. Probate is a notoriously complex and stressful process, and the contents of the deceased’s estate will also be subject to estate taxes at the state and federal level.
A trust legally circumvents the need for probate by transferring ownership of the trustor’s property to a trustee. Therefore, the property contained in the trust does not technically belong to the trustor anymore, meaning probate laws do not apply. A properly constructed trust can also eliminate the possibility of inheritance disputes arising among the trustor’s beneficiaries, but this is not always guaranteed.
Why Do I Need a Trust Litigation Attorney?
A Granite City trust litigation attorney can be very valuable in the event of a dispute arising during trust administration. There are several possible scenarios in which a trust litigation attorney becomes vital:
- A beneficiary or party with a legitimate interest in the deceased’s trust believes the trustee has failed in their responsibility to properly handle the trust.
- Evidence surfaces that indicates the trust was created under duress or coercion or that the trustor was not capable of making informed and legally sound decisions regarding the creation of their trust.
- An interested party asserts that the trust was created on illegal grounds or that the creator of the trust lacked legal standing to create the trust in the first place.
- A trustor’s beneficiary designations conflict with preexisting designations assigned to specific assets or accounts included in the trust.
- Any party with an interest in the trust discovers evidence of document forgery related to the contents of the trust.
Despite the fact that a trust ultimately intends to reduce uncertainty and eliminate the possibility of disputes arising during the trust administration process, these are just a few examples of how the trust might require professional intervention from an experienced Granite City trust litigation attorney.
What Does a Trust Litigation Attorney Do?
In the event you or a loved one encounters an issue with a deceased relative’s trust or a trustee’s administration of the trust, a Granite City trust litigation attorney can provide the legal counsel you need to navigate the issue as effectively as possible. A trust litigation attorney’s main task is to address conflicts and disputes that arise during the trust administration process. If your attorney discovers clear evidence of fraud, coercion, forgery, or breach of fiduciary duty, they can provide legal counsel and help you resolve the issue as quickly as possible.
An experienced trust litigation lawyer can also uncover hidden issues within a trust. For example, depending on how the trustor originally crafted their trust, the trust itself may or may not be subject to estate taxes, or certain elements of the trust may prove more problematic than others when it comes to disbursing them to beneficiaries. Additionally, trust litigation attorneys are adept at determining which conflicts and disputes carry legal weight and which ones do not.
Trust litigation attorneys understand the state and federal laws that come into play during the trust creation and trust administration processes. These attorneys understand guardianships, conservatorships, intestate succession laws, and the various fiduciary duties involved in the trust administration process. If you encounter any type of conflict or dispute during trust administration, whether you are a trustee, a beneficiary, or another heir challenging the trust, hiring a Granite City trust litigation attorney is one of the best things you can do to reach a resolution to the matter as swiftly as possible.
What to Expect from Your Trust Litigation Attorney
When you hire a Granite City trust litigation lawyer, their first priority should be to investigate the trust in question in the greatest detail possible. This typically involves investigating the conditions in which the trustor created the trust and evaluating all of the assets and property contained within the trust.
Next, your trust litigation attorney will evaluate the conflict or dispute in question. They will determine whether solid grounds for dispute exist within the current framework of the trust, identify legal issues with the trust itself, and provide their client with legal counsel as they undergo the legal process of resolving the conflict in question.
Ultimately, you should expect your Granite City trust litigation attorney to provide you with comprehensive, personalized, and detail-oriented legal counsel throughout the entire trust administration process. Your attorney will help you gather evidence and documentation as needed and help you prepare for necessary court appearances. If you need to undergo any measure of probate litigation, they will be at your side to streamline the process as much as possible with solid legal counsel.
Essential Questions to Ask a Potential Trust Litigation Attorney
In the event you encounter any type of dispute or conflict with the trust administration process, you should seek legal counsel from an experienced trust litigation attorney as soon as possible. While searching for legal representation, it is a good idea to come up with several questions that will help you determine a potential attorney’s ability to handle your case successfully:
- “How much experience do you have with trust litigation?” It is always best to work with an attorney who has a solid professional record handling cases similar to the one you currently face..
- “What do you expect to happen with my case?” Ask a potential attorney for their honest, professional interpretation of your situation.
- “How long do you expect trust litigation to take in this situation?” A good attorney will help their client understand the legal proceedings they face so they can approach the situation with greater confidence.
- “How much should I expect to pay in legal fees?” Trust litigation can be time-consuming in some cases, so you should understand the attorney’s billing practices and their projected timetable for reaching a conclusion to your case. Good attorneys are clear and transparent about how they bill their time spent working on your case.
- “Do you notice any unique aspects about my case?” An experienced trust litigation attorney should be able to quickly identify unique challenges and opportunities that your specific case is likely to present.
These questions will help you determine whether a trust litigation attorney is right for you. Ultimately, choose a lawyer who has a solid professional record in trust litigation and who inspires you with the most confidence about the difficult legal proceedings you are about to experience.
Representing Clients in Granite Bay, CA
At McCunn Law, our team knows how difficult it can be to manage any type of estate dispute. When you have lost a loved one and believe their designated trustee has failed in their fiduciary duties to you and the trustor’s other beneficiaries, whether intentional or not, it is extremely distressful. It requires careful consideration and professional attention from a reliable and experienced Granite City trust litigation attorney.
We take the time to get to know each client we represent. When you choose McCunn Law to represent you for any type of trust litigation, you can expect personal attention, responsive communication, and detail-oriented legal counsel throughout every phase of the case. Our goal is to ensure your loved one’s trust is executed faithfully and in alignment with state and federal law.
If you need legal representation from an experienced Granite City trust litigation attorney, contact McCunn Law today and schedule a consultation with our team. With more than 40 years of estate planning, trust administration, and trust litigation experience behind us, we are more than capable of helping you handle your current legal situation with greater confidence and peace of mind.
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:
- Adoption
- Business Owner Divorce
- Child Custody
- Child Support
- Child Support Modification
- Cohabitation Agreement
- Debt Resolution
- Divorce
- Domestic Partnership
- Domestic Violence Restraining Order
- Family Business
- Family Residence
- High Asset Divorce
- Inheritance Dispute
- Legal Separation
- Paternity
- Premarital Agreement
- Property Division
- Retirement Benefit Division
- Spousal Support
- Visitation Agreements
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.”
“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.”
“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.”