Trust and estate cases often intersect and are very suitable for mediation in Los Angeles. Often, when there are issues of recovering assets of a decedent, not only a trust action to recover title to an asset must be filed, under Probate Code 850, but there may be a need to file an estate action to remove the executor as well, if there are assets which are titled under the decedent's name.
Typically, there are several categories of actions filed under Probate Code 850:
1. Assets belong to a Decedent but are in someone else's name.
2. Assets are claimed to belong to someone else, but are in decedent's name.
3. Assets belong to a Minor or Conservatee,, but are in someone else's name.
4. Assets belong to a Trust, but are in someone else's name.
5. Assets are claimed to belong to someone else, but are titled in the name of a trust.
Resolving title issues in Los Angeles can be complex at trial. Common allegations in this type of case may include allegations of elder or dependent adult abuse. When an action to recover title is filed in probate, where it is proven that the assets were taken wrongfully taken, in bad faith, or the facts involve concealment, the law under Probate Code 859 provides for recovery of attorneys fees and costs.
Contests involving validity of terms of a trust or amendment, and removal of a trustee also lend themselves well to trust mediation as trial setting times in Los Angeles Courts are more than one year.
Some of the simple recovery actions involve assets which were omitted from having been transferred to a trust by the settlers of the trust. Heggstad Petitions (now 850) can bring assets back into the trust which were accidentally left out by the settlors, often as a result of refinancing, or self-help trust creations.
Mediation of PC 850 actions is usually successful in eliminating the need for expensive litigation and can cut the cost of litigating quickly. Contact Mina Sirkin, Certified Specialist at 818.340.4479, to discuss your Trust Mediation case in Los Angeles.
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