Serving Clients Throughout Southern California
The trust administration process does not always go as intended. Whether you have learned that there has been an unexpected change in the terms and conditions of a trust or someone you know is filing a dispute, you want to make sure you have a lawyer looking out for your rights.
Over time some trusts are not updated and at the time of need the trustee may just not be up to the task of handling the responsibilities before him or her. Other times distances provide obstacles. We specialize in resolving these disputes and assisting in the proper administration of trusts.
Trusts are typically a more expedient course than a probate proceeding; however, good administration is commonly assisted with wise counsel.
The trustee is a fiduciary who has very strict duties. All trusts in California are subject to the jurisdiction of the Superior Court if the trustee fails to provide beneficiaries with information or develops a hostile relationship.
At The Law Offices of Rickard L. Borg, our Carlsbad office has extensive experience in not only proper trust administration but also dispute resolution.
Our office provides beneficiary and trustee representation for individuals in Southern California involved in trust disputes. Most of our cases are in San Diego, Orange and Los Angeles counties.
A Practical Approach to Finding Solutions
When someone you love has set up a trust as part of his or her comprehensive estate plan, the ongoing events of life present opportunities for multiple people who expect a benefit that is in conflict with another. Sometimes it's just a matter of sibling rivalry. Other times, children of different marriages in a blended family fail to find a common meeting of the minds on a variety of issues, including multiple ways to manage the assets of the trust such as real estate or a business. Oftentimes the question arises to sell immediately or wait. Other times, it's a question of managing a business with which the trustee is unfamiliar. Years ago, Mr. Borg suddenly found himself having to manage the dental practice of his good friend in high school who expired unexpectedly. Another time Mr. Borg found himself managing a tire shop again when a relative expired suddenly. These challenges came as unexpected yet satisfying experiences. Accordingly life presents plenty of opportunities for disputes to arise. No matter how unique your situation is, we always look forward to a new experience.
Our firm protects the rights of beneficiaries and trustees involved in all types of trust disputes. As a first step we always advise the trustee of his or her duties at the commencement of administration. If we represent a beneficiary of a trust managed by an errant trustee, we are sure to advise the trustee of his or her error.
If you believe someone has used undue influence to alter a trust before its execution, we are pleased to review the situation.
Oftentimes we are able to assist trustees and beneficiaries alike by explaining the complex terms of an over legalistic trust document.
At times we find we are able to coach a trustee into employing a good bookkeeping service that quells the complaints of challenging relatives. There is no substitute for good bookkeeping when large sums, several bank accounts and multiple checks are at play.
If you are involved in a dispute over how a trust is being handled, we can help. Providing both plaintiff and defense counsel, we are prepared to handle these cases from both sides of the document. We believe a good place to start is by understanding the document and then the trustee's duties no matter which side we are on. This basic approach avoids and suppresses many unnecessary conflicts. On either side we advise the trustee when we believe a petition for his or her removal or sanction is at a risk of being filed.
There are a lot of promises and expectations when it comes to trust formation and estate planning. Assuming the duties of a trustee is like being the family banker holding all the assets of the family. When someone does not receive what he or she was expecting, he or she has reason to be suspicious. It is our job to help you learn more about your rights and options and make sure you get what you deserve or to carry out the duties of a trustee if that is your office and responsibility.
Contact a San Diego County Trust Contest Attorney
With extensive experience handling contested trust proceedings, our firm is ready to help you get answers during this difficult time. From our offices in Carlsbad, we offer evening and weekend appointments, in addition to our weekly business hours. Call us at 760-729-2313, or contact Marge or Rick today to schedule a consultation.
