Trust Litigation: Protecting Your Rights as a Beneficiary

Hold Trustees Accountable for Breach of Fiduciary Duty

Trust Litigation

At Garrity Traina, our team of experienced fiduciary litigation lawyers specializes in handling trust litigation cases. We understand the complexities and nuances of trust law, especially those concerning the breach of fiduciary duty. If you’re a beneficiary who suspects a trustee has failed in their obligations, we’re here to help.

Uncovering Breach of Fiduciary Duty

Breach of fiduciary duty can manifest in various forms, including:

  • Failure to adhere to the trust’s terms
  • Failure to avoid conflicts of interest
  • Failure to disclose relevant facts
  • Misappropriation of trust funds

In California, any breach of these duties can be grounds for filing a claim against the trustee for breach of fiduciary duty.

Resolving Conflicts Over Trust Accountings

Disputes Over Trust Accountings

Beneficiaries often suspect misconduct by trustees without concrete evidence. As a beneficiary, you have the right to receive an annual accounting of the trust’s transactions and assets. While the trust may waive this requirement, the trustee must still provide an accounting upon your request. Failure to do so within 60 days allows you to petition the court to order the trustee to file an accounting.

At Garrity Traina, we work diligently to protect your interests. Our trust litigation attorneys help resolve disputes by ensuring full disclosure of all trust assets and transactions.

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Removing Trustees: Ensuring Your Best Interests

Trustees who breach their fiduciary duty can no longer be trusted with the responsibility of managing valuable assets, such as cash, securities, and real estate. They may even pose a risk to the beneficiaries’ welfare due to substance abuse or mental health issues. In such cases, it’s crucial to take appropriate legal action.

Our experienced breach of trust attorneys not only file petitions to address breaches of fiduciary duty but also request the removal of trustees. We aim to replace them with either a successor trustee named in the trust or a professional fiduciary. In severe cases, the court may even appoint a temporary trustee to ensure the beneficiaries’ interests are safeguarded.

Resolving Disputes Between Co-Trustees

Co-Trustee Disputes

Co-trusteeships can be challenging when unanimous agreement is required. Common scenarios where disputes arise include:

  • Varying paces of trust administration
  • Communication issues between co-trustees
  • Disagreements over the disposal of specific assets

At Garrity Traina, we understand the complexities of co-trustee disputes. Our dedicated trust litigation lawyers provide expert guidance and representation, helping you navigate these sensitive situations.

Petitions for Instructions: Finding Equitable Solutions

Beneficiaries and trustees often find themselves in complex dilemmas that require legal guidance. Situations may arise where beneficiaries want to purchase trust assets, but disagreements over fair prices create conflicts. Trustees face challenges in maintaining impartiality while making decisions.

To address such issues, our trust litigation attorneys recommend filing a “Petition for Instructions” under Probate Code Section 17200. This allows trustees to present their predicament to the court, propose a solution, and seek the court’s approval. Beneficiaries can offer their alternative suggestions. These petitions prove crucial in resolving disputes involving significant assets or emotionally valuable family heirlooms.

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Seek Legal Counsel from California Trust Litigation Lawyers

Navigating trust disputes can be complex and emotionally charged. At Garrity Traina, we have extensive experience in trust litigation matters in California. If you want to understand your rights and explore your options, we provide free consultations to address your questions.

San Francisco Trust Litigation Lawyers

To protect your rights as a beneficiary, contact us today to schedule a consultation with our dedicated team of California Trust Litigation Lawyers. We’re here to help you find the best path forward.

Garrity Traina