Litigation – Trust & Elder Abuse
The administration and disposition of trusts sometimes results in disputes that require court involvement. The trustee or beneficiaries of a trust can find themselves engaged in litigation for many reasons including:
- Questions that may arise regarding the interpretation or validity of a Trust or some of its terms.
- A beneficiary or interested person may believe that the trustee has taken actions that are not in the best interest of the beneficiaries or are inconsistent with the terms of the trust.
- A beneficiary or interested person may believe that the trustee has failed to take actions that they are obligated to take pursuant to the terms of the trust or the California Probate Code.
- There may be a vacancy in the office of trustee or it may be necessary to remove a trustee for breaching their duty as a fiduciary for the trust.
- The trustee may be required to defend or bring a legal action on behalf of the trust.
- A trust may be under court supervision giving rise to the requirement that the trustee prepare and file regular court accountings, which may give rise to issues between the court, trustee and/or beneficiaries.
There are a multitude of issues that can result in trust ligitation. With our extensive experience with the probate courts and knowledge of trust laws, we can help you maneuver through the often complex legal process involved to successfully resolve trust-related issues in court or through mediation or arbitration.
Elder Abuse Litigation
It is estimated that each year one to two million Americans are victims of Elder Abuse. Elder Abuse is the abuse of a person over the age of 65 or a dependent adult, and comes in various forms including:
- Physical abuse: intentional use of force causing pain or bodily harm.
- Psychological abuse: intentional infliction of mental anguish by threat or intimidation.
- Financial exploitation: unauthorized use of an elderly person’s money or property.
- Caregiver neglect: caregiver’s failure to properly care for the elderly person and ensure their well-being.
Elder abuse is most commonly committed by family members, caregivers, or those whom the elder trusts. California has enacted several laws to protect our seniors and our law firm has the experience and knowledge to act as an advocate for you or your loved one.