Placer, CA Trust Litigation Lawyer

Years of Experience Protecting Families Throughout California

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Divorce
Spousal Support
Child Support
Death & Incapacity

Placer, CA Trust Attorney

If you need a trust litigation expert in the Placer, CA area, contact the skilled attorneys at McCunn Law Firm. At McCunn Law Firm, we believe that our clients should have complete transparency from their legal representation. If chosen to represent you and your legal interests, we will make sure you have access to all information you need to make the best possible decision for you and your interests.

To plan your next steps, it’s crucial to understand a few aspects of litigation law. In the interest of transparency, knowing what a trust is, how it differs from a Last Will and Testament, and what types of “deal breakers” must be in place for a trust to warrant dispute in court are important to know before going into the process.

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

What Is a Trust?

A trust is a legal document that details where and to whom assets, property, or money are to be bequeathed to the heirs/inheritors of a trust. Many people think of trusts as records only meant for the wealthy, but that is not the case anymore; trusts are crucial for anyone who has assets and should be used by the young, old, rich, poor, and everyone in between.

Trusts do take a lawyer to set up properly, and those attorneys do require payment for these services, but the benefits outweigh these costs. It is little wonder, then, that many people in Placer choose to establish trusts instead of enacting wills, so their property and assets transfer automatically to their heirs. While less popular, people do still opt to enact, in lieu of a trust, a Last Will and Testament upon their death. While it is possible to have a trust and a Last Will and Testament simultaneously, they are different documents with distinctive functions outside bestowing assets and wealth to beneficiaries/trustees.

What Are the Differences Between Trusts and Wills?

Both trusts and wills are documents detailing where your capital, holdings, property, and other assets are to be bequeathed or passed to the person or people. The difference between these documents is in two important aspects: their timelines and who administers them.

A Last Will and Testament only becomes active upon the enactor’s death, whereas a trust is functioning as soon as created, which is why sometimes a trust is referred to as a “living trust.” Even under a different title, it is essentially the same thing. Furthermore, a will must go through probate court and can be contested by anyone for any reason, while a trust does not and cannot be contested without significant adequate cause. Probate court, especially in California, is commonly a long process requiring money paid in court payments, taxes, and other fees.

Unfortunately, not all trusts are flawless, and sometimes, a trust litigation attorney’s services must be engaged. These conditions that warrant dispute are:

The Creator of the Trust Has Been Coerced

Unfortunately, sometimes the creator of the trust was intimidated, pressured, or deceived into creating a trust or adjusting the contents of the trust in a way beneficial to a specific person or persons for ill-gotten gain.

This coercion can render the trust invalid and is also considered a form of financial elder abuse. Elder abuse can carry criminal penalties under the law as well as financial penalties if proven in court. Much like the legal authority of the executor being in question, there needs to be substantial proof of coercion present and having legal representation to put forward your case in this instance is of import.

Forged Documents

Sometimes documents are flatly faked or forged. A forgery is when a person takes all or part of a document (like a trust) and alters the content therein or signs the name of the executor to defraud or trick someone else into believing it is the work of the executor of the trust. To prove this in a court of law, one needs not only an attorney but an expert to verify the documents are not authentic.

Legal Authority of the Executor is in Question

In these instances, the entirety of the trust can be in question if the mental state of the executor is up for debate. Specifically, this means the executor/creator of the trust is diminished mentally and cannot legally establish a trust in the first place. To prove this, one must have substantial proof to win in court. To assemble that proof and make sure your interests and evidence are heard properly, an attorney representing you in court is of extreme importance.

Fiduciary Responsibilities Breached

A fiduciary is a person acting within the interest of the person who created the trust. When this person is in breach of their responsibilities or did not execute the details of the trust property, the trust itself is up for dispute. A fiduciary, on top of needing to be lawful and able to execute a trust, must also be registered with the Securities and Exchange Commission (SEC). To verify a fiduciary’s integrity, it is crucial to look them up in the SEC database.

Trust litigation in California is a complex process and might necessitate separate legal actions which are based upon claims which are related but considered separate under California law. For this, a lawyer with a wealth of experience in estate, trust, and probate law to maneuver the different issues that might arise during the process.

To get the very best trust litigation attorney in Placer, call McCunn Law Firm to schedule a consultation to start formulating a game plan. With over 40 years of experience, we have successfully handled thousands of cases with zero hidden legal fees.

There is no case too small or too big for our capable and devoted staff to handle. If you want trustworthy, principled, up-front law expertise while treating your future with the seriousness it warrants, McCunn Law Firm is the team for you.

Contact us today to set up a free/no-obligation consultation appointment with one of our attorneys. Our experienced and compassionate team can ensure your case receives the attention it deserves.

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.