In the event of beneficiaries challenging a trustee regarding a trust, trustees could develop a strong legal defense with the help of an experienced trust litigation attorney.
Knowing more about trustee litigation defense and rights in Santa Clara County legal disputes could help you determine how to handle these types of cases.
In Santa Clara County, beneficiaries or co-trustees of a trust might question or challenge a trustee under certain circumstances.
For instance, beneficiaries or co-trustees might claim that a trustee has breached their fiduciary duty by failing to act in the beneficiaries’ best interests, such as alleging that the trustee neglected to disclose certain assets or unfairly distributed assets among beneficiaries due to favoritism.
In other situations, beneficiaries might claim that a trust is invalid because of fraud, undue outside influence, or other issues that compromise the trust’s integrity.
Beneficiaries or co-trustees might also attempt to sue trustees if they believe a trustee has failed to adhere to the terms and instructions in the trust document.
Trustees have multiple rights in Santa Clara County for litigation defense. Specifically, they have the following capabilities:
Under the California Probate Code, trustees in Santa Clara County may be able to hire and pay for lawyers who could advise on trust administration and build a defense against litigation from beneficiaries. In addition to attorneys, trustees may consult other professionals to assist their case, including accountants and other agents.
Trustees may also use trust funds to assist with covering legal expenses. In many cases, the trust document itself will detail how trustees may be able to reimburse legal fees using trust funds in accordance with the terms of the trust agreement.
Trustees generally have the authority to manage and enforce the terms of the trust document, including the ability to pay administrative expenses, make investments, and distribute assets to the beneficiaries.
If a third party attempts to take legal action against a trustee, the trustee may be able to build a defense with the help of a reliable attorney.
A reputable and experienced lawyer would have a good understanding of the California Probate Code and the laws that apply to these cases, tailoring a defense in the trustee’s favor to prove that their actions and decisions were in good faith and not made through negligence or misconduct.
In developing a defense, trustees and their attorneys should collect as much documentation as possible to effectively defend against petitions for removal, elder abuse claims, or other types of claims.
If you find that a beneficiary or another party is attempting to hold you liable for negligence or misconduct related to a trust, it helps to work with a lawyer who can build a solid defense in your favor. With a good understanding of trustee litigation defense and rights in Santa Clara County legal disputes, you may be able to prove that your actions and decisions were rightful.
Get in touch with an experienced trust litigation attorney at Hackard Law to discuss your legal needs and determine what kind of defense you may be able to build.
(916) 775-8542