Fiduciary Litigation | Attorneys Lawyers | Sirkin Law
Fiduciaries litigation in Los Angeles can be very complex, and often involves both a trust and probate case. Fiduciaries (Trustees/Executors) and beneficiaries do not always agree on how to best manage the assets of a trust or estate. While the fiduciary has the duty to protect the trust/ estate and all of the beneficiaries, each beneficiary may have rights which need separate protection. At Sirkin Law Group, our attorneys and lawyers have helped resolve fiduciary and beneficiary disputes and litigation cases for over 22 years.
Typical cases involving disputes between fiduciaries and beneficiaries are stated below:
1. Trustee fails to give the trust documents to the beneficiaries and fails to keep the beneficiaries informed.
2. Trustee fails to account to the beneficiary. Untimely accountings are the number one cause for fiduciary litigation in Los Angeles.
3. Trustee is a beneficiary and does not want to sell the house because he/she or his/her a child lives in it.
4. It is taking too long for the beneficiary to receive his/her money under the trust or estate.
5. Trustee is investing the assets of the trust in the wrong investments and has lost money for the trust.
6. Trustee has misappropriated or stolen the assets of the trust or estate.
Below are some frequently asked questions asked by beneficiaries in fiduciary litigation involving beneficiaries and trustees:
1. Do I have a right to see the trust documents? Yes, if you are a beneficiary of the trust or heir at law.
2. The trustee will not see the house, can I force him to sell it? Yes, if the sale is required to make the distribution to all beneficiaries.
3. Can the trustee buy the trust property for under market value? No, unless the trust document specifically allows him to do so.
4. Can the trustee benefit himself over the beneficiaries? No, unless the trust provides for it.
5. How soon can the trustee distribute the assets to me? The trustee has to give a notification by trustee. Assuming no one contests the trust terms during the 120 day period from the notice, then the trustee should account and distribute the trust assets within a reasonable time. A reasonable time varies from trust to trust because of varying timelines of sales of property. A fiduciary trustee may reserve funds for payment of taxes or litigation.
Our attorneys and lawyers provide aggressive representation in fiduciary beneficiary litigation cases in Los Angeles Ca with offices in Los Angeles, Glendale, Woodland Hills, Pasadena.
Why hire us?
Mina Sirkin is a nationally recognized probate and trust attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding celebrity probate and estate matters. She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law. Mina Sirkin is rated 10/10 on Avvo. Offices in Los Angeles, Glendale, Pasadena and Woodland Hills. Sirkin Law's Fiduciary Group's Los Angeles office can assist you and your loved ones. Call: 818.340.4479. Beneficiary Disputes Attorneys Los Angeles.
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Probate Attorney Los Angeles, Probate Litigation, Trust Litigation, Conservatorship Litigation, Estate Litigation, Estate Planning Los Angeles
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