Trust & Estate Litigation
Serving San Francisco, North Bay and East Bay. If you need a Probate Trust attorney we are who you call when there is elder abuse in progress or there has been an undue influence situation involving a Living Trust or there are allegations of incompetence and misappropriation of trust money or assets and a Trust Estate lawsuit is necessary. We do not prepare estate planning documents or prepare living trusts. That is a different area of the law. A Living Trust also referred to as a Family Trust is one of the most widespread and useful estate planning tools. Unfortunately, major disputes can arise that go to court when a trust is created or altered by way of undue influence or elder abuse. Multiple beneficiaries and substantial assets causing confusion can lead to further problems to be solved.
Centrally located in Marin Living Trust Probate law attorney Michael S. Biggs has assisted many clients who found themselves in need a Probate Living Trust attorney to represent them in court as well as establishing Guardianships to protect the vulnerable from financial abuse or exploitation. Living Trusts are controlled by the Laws of the California Probate Code. Trusts are ordinally heard in the courts Probate Division by a judge with no jury.
Trust Law attorney Mr. Biggs is clear and concise, in the application of the Probate Law and to the point in using every tool at his disposal to further each client’s specific needs and goals.
Biggs Law Office A.P.C. is located in San Rafael at Northgate Terra Linda. Easily accessible right off HWY 101 to all points in San Francisco, North Bay and Eastbay, Mr. Biggs represents clients in the California Superior Courts located in Marin, Sonoma, San Francisco, Contra Costa, Napa and Alameda. Call us 415-789-5823 or contact us online to set up a consultation. Mr. Biggs also can guide people who need a professional license defense attorney, or representation for personal injury, civil rights, and government law.Knowledgeable Representation Makes for The Best Attorney for Trust Probate Law.
A trust is a legal instrument that allows a party known as a trustee to hold legal title to property or other assets on behalf of another party or multiple parties, who are known as the beneficiaries of the trust. A person who designates property or assets as trust assets is known as the trust settlor. The initial trustee, who is usually the person who created the trust, eventually will pass on or become unable to administer the trust. When this happens, a successor trustee will take over the trust administration responsibilities. In some cases, the trust document will name a successor trustee, while in others a successor trustee will be appointed or designated by the beneficiaries
Some trusts are called living trusts or inter vivos trusts, which simply means that the trust was created while the settlor was still alive. Many people choose to create a trust in lieu of a will, since the process is more streamlined and provides a number of tax and other legal advantages. A settlor has broad leverage in determining how the trust assets will be administered during his or her lifetime or upon death. If the trust assets include a sum of money, for example, the trustee will invest the funds, and the beneficiaries can receive periodic payments from the proceeds of the investment. The trust instrument can also be drafted to require the trustee to transfer title to certain assets to beneficiaries upon the settlor’s death. Ultimately, there are many ways that a settlor can craft his or her trust to achieve a broad array of objectives. A successor trustee can be a person, corporation, bank, or other type of entity. Because of their role in overseeing assets and administering the trust, trustees have a fiduciary duty to the beneficiaries to act in their best interest and to carry out the mandate of the trust, regardless of their personal opinions about how it should be handled.
Although many successor trustees take their duties seriously and effectively administer the trust, others create problems because of their careless or self-serving actions.
When this happens, the beneficiaries may bring a breach of fiduciary duty claim against the successor trustee. While it is often difficult to identify a certain action that showed a lack of reasonable care and skill by the trustee, or the influence of ulterior motives, there are some common examples. These include the commingling of trust assets with the trustee’s personal funds, a conflict of interest between the trustee and the administration of the trust, or a situation in which the trustee takes advantage of his or her position by borrowing from the trust or making decisions aimed at providing the trustee with a personal profit. In some situations, when multiple trustees are involved, a trustee may fail to act to prevent a co-trustee from breaching a fiduciary duty. This creates joint liability for the breach among all of the co-trustees.
Since there are so many parties involved in a trust, conflicts may arise from disagreements about the way that the trust document should be interpreted and the way that the trust should be administered. If the trust involves vague or contradictory instructions, it can become even more complex. Contradictory terms arise when the settlor of the trust was not clear in how the trust assets should be administered. Some trusts may also include special types of terms, such as triggers or condition precedents. For example, the instrument may require that a beneficiary reach a certain age or achieve a specified milestone before being entitled to benefits from the trust.
Undue influence is a common basis for a dispute over a trust. It occurs when a party in a confidential relationship with the settlor takes advantage of the settlor’s vulnerability and pressures the settlor to act in a way that may be unfavorable to the settlor or contrary to his or her true intentions. To establish an undue influence claim, the plaintiff must show that the party exercising undue influence attempted to influence a vulnerable settlor and that the outcome of that influence was unfair.
Another typical basis for trust litigation, the misappropriation of trust assets, occurs when the trustee uses his or her authority over the trust assets to gain a personal benefit or to manipulate the administration of the trust to benefit someone other than the intended beneficiaries.
There are strict time windows within which a beneficiary must sue a trustee when he or she believes that a breach of fiduciary duty has occurred. This makes it imperative to take legal action promptly. If the beneficiary establishes that a breach happened, the beneficiary may be entitled to all of the benefits that should have been provided to him or her under the terms of the trust. The trustee may be required to pay compensation for the losses caused to any beneficiaries because of the breach and may be removed from serving as a trustee.Consult a Skilled Marin Probate Trust Law Attorney Serving San Francisco, North Bay and East Bay
If you are in a Trust Probate Law problem, and need a lawyer for Trust Law, knowledgeable San Francisco Bay Area trust probate lawyer Michael S. Biggs is ready to help. Court proceedings are adversarial, and Mr. Biggs can provide the combination of knowledge of law, investigatory skill, tactical judgment, and strategic focus that you need to protect your interests. Mr. Biggs represents clients in the California Superior Courts located in Marin, Sonoma, San Francisco, Contra Costa, Napa and Alameda Counties. Call us 415-789-5823 or contact us online to set up a consultation. Mr. Biggs also can also represent people who need a business law attorney, or representation for personal injury, or professional license defense law.