UNDERSTANDING and COMPASSIONATE Service Through Uncertain Times


Sacramento Trust Litigation Lawyer Resolving Issues for Clients

The mourning period after a loved one has died is challenging in many ways. Your family may be experiencing deep feelings of grief, loss, and sadness. At the same time, the deceased person’s estate must be handled, including administering any trusts held by the decedent. At this challenging time, dealing with the dishonesty of a trustee or finding that the decedent’s will was invalid can create an added level of stress.

You may need to pursue legal action if you feel that your loved one’s will or trust was created under undue influence or that the trustee is not properly administering the trust assets. During estate litigation, a trust litigation attorney can help you and other family members find solutions to various issues, including trust disputes. You can hold the trustee liable for any breach of fiduciary duty and find solutions to disputes among trust beneficiaries.

For reliable legal counsel and aggressive representation, look no further than Yonano Law Offices, P.C. Our talented legal team is led by a knowledgeable trust litigation attorney with decades of experience helping clients through estate litigation in California. Attorney Yonano is ready to help you through the litigation process, whether finding a solution through mediation or probate court. Call today to get started on your case at 916-894-8790.

How are Trusts Used in Estate Planning?

Many estate planning lawyers recommend the use of trusts in estate planning. Trust documents offer an effective way of distributing assets because the grantor can dictate when and how trust beneficiaries receive their inheritance. The trust document also provides a great deal of protection against creditors and predators both while the trustor is alive and after their death.

However, trusts are not free from risk. The administration process can be complicated, making it easy for a trustee to make a mistake and incorrectly distribute funds to family members. This can cause added stress and may result in civil litigation. Trusts must also be formed properly in California, and if the trustor was not of sound mind or was acting under undue influence, the trust could be rendered invalid. Family members may choose to contest the trust, which is another complicated trust litigation issue that your attorney can help with.

What Are the Duties of the Trustee?

An essential aspect of having a family trust is the role of the trustee. This person may be a family member or a non-family member, such as a trusted friend or business associate. The trustee has a critical role in trust accountings and trust distributions. They must always act according to their fiduciary duty, making decisions according to the best interests of everyone involved and the decedent’s wishes rather than for their own benefit.

Some of the duties that a trustee oversees are:

  •  Performing an inventory of trust assets, including bank accounts, real property, retirement accounts, and other items of value
  • Notifying trust beneficiaries of actions during trust administration that could affect them
  • Distributing funds and assets to the parents, children, partners, and other trust beneficiaries
  • Ensuring that the items and funds held within the trust are accounted for and are protected in the trust instrument

What Are Some Common Issues that Arise During Trust Administration?

Trust litigation cases in California have many causes. However, certain scenarios will likely lead to a trust contest. If you are facing any of these issues, you should reach out to skilled trust litigators for help through the complicated litigation experience. Your attorney can ensure the process is handled promptly and find solutions through a settlement agreement whenever possible.

Some common issues that lead to legal action during a trust dispute in California are:

  • Beneficiaries disagree with how the trust assets are distributed during probate court
  • The trust is contested because of suspected undue influence when the trust was created
  • The trust document is ruled invalid for other reasons, such as lack of mental capacity, lack of proper witnesses, or the trustor not being of legal age
  • The trustee is accused of breaching their fiduciary duty by acting dishonestly or acting in a harmful manner toward the trustor, their children, or other family members

Please get in touch with our law office right away if you have concerns that might lead to trust litigation. We can discuss your unique case and offer counsel on whether estate litigation is the right next step for you.

Can Trusts be Contested in California?

Contesting a trust in California is possible, but it comes with financial and emotional repercussions that should be considered. It is important to remember that this time of mourning is difficult for everyone involved and that legal action isn’t always the best solution. A skilled trust litigation attorney will try to find alternative resolution methods first to preserve family relationships at this delicate time.

However, there are some cases where it is necessary to file a petition to contest a trust. These include circumstances such as the trustor acting under undue influence when they created the trust or a trustee who violates their fiduciary duty. Other trust disputes that cannot be resolved outside the court may also lead to trust litigation.

When a family decides to contest a California trust, they should act right away because the statute of limitations is small when it comes to estate litigation. You have a mere 120 days to bring legal action if you feel the trust is being improperly administered. Hiring an attorney is critical to ensuring the trust litigation issue is resolved quickly and effectively. If you have any concerns about your loved one’s trust administration, please reach out to Yonano Law Offices, P.C., for counsel based on decades of experience.

How Long Does it Take to Contest a California Trust?

Contesting a trust in California must take place within 120 days from the date the beneficiary receives notice from the trustee. If the person delays past this point, there may be no chance of contesting the trust, and the results will stand permanently.

If you have concerns regarding the validity of a trust or how it is being administered, you should contact a trust litigation law firm right away. Your trust litigation attorney can determine whether you have a case and will investigate the details to prove your story correct. It is extremely important to file your petition promptly because of California’s strict probate code. If you wait too long, it may be too late, and your rights could be lost.

When is it Necessary to Hire a Trust Litigation Lawyer?

Navigating the California legal proceedings for probate, wills, and trusts is complicated and can be frustrating if you are unfamiliar with this process. This is especially important during the grieving time when emotions are near the surface, and it is difficult to make crucial decisions. Your actions regarding your loved one’s trust can permanently affect your rights and the inheritance of other beneficiaries, so you should seek legal counsel before taking any steps toward trust litigation regarding a trust or trustee.

There are several scenarios where it becomes critical to hire a trust litigation attorney, including:

  • Family members and non-family members have a dispute regarding the administration of a trust
  • Beneficiaries disagree with how the trustee is handling trust assets
  • Suspicions of dishonesty on the part of the trustee
  • Undue influence exercised over the trustor, resulting in an invalid trust
  • Trustor was of unsound mind or not of legal age when the trust was created
  • Trustee acted in a harmful manner or did not distribute the funds according to the grantor’s wishes

If these or any other issues arise during the administration of your loved one’s trust, you may have a trust litigation issue. Your lawyer can be a valuable asset during this time because they have experience with trusts and can advise you on how to proceed. A trust litigation attorney will take the time to investigate every detail to ensure the truth is brought forward. Your attorney should also have litigation experience so they have the skill and confidence necessary to represent you efficiently in court.

When facing the difficult decision of whether to bring a trust contest, please reach out to our knowledgeable trust litigation attorney. Our legal team will stand by your side during this complicated time and give you the confidence you need.

Should You Hire Our Trust Litigation Attorney?

As your family mourns the loss of your beloved friend or relative, dealing with issues regarding their trust is the last thing you need. Your deceased loved one likely set up the trust to protect their assets and provide a better life for those they care about. If that trust has been violated by a dishonest trustee or by someone who exercised undue influence at the creation of the trust, you can take legal action to correct the wrong that has been done.

At Yonano Law Offices, P.C., we believe that each client deserves to see justice. We promise to use our decades of experience to find positive solutions for you and your family during this trying time. We take the time to investigate every case to find the truth, and we will use our skills and confidence to defend your rights during the litigation process. While we strive to find solutions outside of court whenever possible, we will fight aggressively for you if your case goes to trial.

Please don’t go alone during these challenging circumstances. You can rely on our knowledge and experience to get the results you’re looking for in your trust litigation case. Reach out to our talented legal team to get started on your case, where we can discuss the details of your case. Call us today at 916-894-8790.