Roseville, CA Trust Litigation Lawyer

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Roseville, CA Trust Attorney

If you or a loved one needs a trust legal representative in the Roseville area, McCunn Law Firm can provide you with the representation you need. At McCunn Law Firm, we believe our clients merit clear and open communication from their legal counsel. If you choose our team to work with you for your trust litigation, you’ll have experience and compassion on your side. We will keep you in the loop every step of the way, keeping your best interests at heart.

Regardless of what stage of life you are in, planning for your future should be a priority. It is paramount to know what a trust is, how it is different from a will, and what needs to exist to render the trust null and void.

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

Understanding a Trust

A trust is a legal document that details where and to whom finances, property, and other assets are to be bequeathed to the beneficiaries/heirs of said trust. A trust is not only meant for wealthy persons, as is the common misconception, but for everyone from all walks of life.

Trusts do need an attorney to establish, and all attorneys involve payment for this. While this seems like a steep investment, the advantages outweigh the costs greatly. It is for this reason that many people in Roseville choose to establish trusts instead of enacting wills, so their property and assets transmit automatically to their beneficiaries. While less commonplace these days, people do still choose, instead of a trust, a Last Will and Testament upon their death. It is entirely possible to have a trust and a Last Will and Testament at the same time, but they are not the same document; each has unique purposes outside granting holdings and capital to heirs/trustees.

The Differences Between Trusts and Wills

Both trusts and wills are vessels to ensure your capital, holdings, property, etc., are bequeathed or passed to the person or people you stipulate; the difference of these documents is in two important aspects: enactment and probate court. A Last Will and Testament only becomes effective upon the enactor’s death, whereas a trust is active as soon as it is established, which is why sometimes a trust is referred to as a “living trust,” but it is still essentially the same thing. Furthermore, a will must legally go through a probate court process and can be argued against there; this is not true of a trust. Probate court is usually a long process requiring court payments, taxes, and other costs.

Unfortunately, not all trusts are perfect, and sometimes a trust litigation attorney needs to be contacted. While your attorney will go over these things with you beforehand, it is essential to have a baseline knowledge before going into the trust litigation process. These circumstances that warrant dispute are:

Legal Authority of the Executor Is Non-Existent

In these instances, the entirety of the trust can be in question. Specifically, this means the executor/creator of the trust is diminished mentally and cannot legally establish a trust to begin with. One must have significant proof of mental degradation at the time of enacting the trust 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 great significance.

Coerced Creator

Unfortunately, sometimes the creator of the trust has been threatened, coerced, or otherwise tricked into creating a trust or adjusting the contents of the trust in a way beneficial to a specific person or persons.

This coercion is also considered a form of financial elder abuse and can carry criminal as well as financial penalties if proven in court. Much like any contestation of a trust for any reason, there needs to be substantial proof. Having legal representation to put forward your case in this instance is crucial.

Fiduciary Responsibilities Breached

A fiduciary is, plainly, a person acting within the interest of the person who created the trust. When this person is in violation of their duties or did not execute the specifics of the trust correctly, the whole of the trust is in question. A fiduciary needs to be legally and ethically sound and must be registered with the Securities and Exchange Commission (SEC). In order to authenticate the status of a fiduciary, it is easily checked in the SEC database, which can be found on www.SEC.gov.

Forged Documents

A forgery is when a person takes all or part of a document and alters the substance or signs the name of the executor in order to defraud or trick someone else into believing it is the work of the named executor. To prove this in a court of law, one needs not only an attorney but an expert to verify part or all of the trust has been faked.

Trust litigation in California is a complex process and might necessitate separate legal actions; just because they seem in the same wheelhouse, it does not mean they do not require separate litigation or courts. For this, a lawyer with a wealth of experience in estate, trust, and probate law to navigate the different circumstances that might arise during the process is a boon.

Call McCunn Law Firm to schedule a consultation with the best of the best in trust litigation attorneys to start working on your case today. In over 40 years, we have completely and successfully handled thousands of cases – all without hidden legal fees.

There is no case too small or too large for our talented and dedicated staff to handle. If you want honest, ethical, up-front law expertise without breaking your bank, McCunn Law Firm is the team for you.

Find Legal Trust Help in Roseville with McCunn Law

We are proud members in good standing with our professional affiliates, including the State Bar of California, the Sacramento County Bar Association, American Institute of Family Law Attorneys, and Five Star Reviews Site.

There is no time like the present to plan for the future. When you’re ready to plan for your future, find trusted professionals with decades of experience. Contact us today to set up a free/no-obligation consultation appointment with one of our attorneys to start on your trust litigation case in Roseville.

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.