After drafting a trust and engaging in trust administration, there are some circumstances when trustees may need representation. For example, Santa Clara County trustee representation could be necessary when trustees need to make major decisions, or they face litigation involving beneficiaries, co-trustees, or other parties.
With a better understanding of trustee representation and when to hire a local trust litigation attorney, you could better determine whether your situation warrants it.
There are multiple circumstances when trustees may need representation in Santa Clara County. These situations could include:
Trustees often find themselves in a position where they need to make critical decisions or interpret a trust document. In these situations, an experienced attorney could represent the trustee and provide legal counsel to help maintain compliance and avoid conflicts of interest.
Representation could also be crucial if trustees face disputes between themselves and beneficiaries, co-trustees, or others. For example, beneficiaries may accuse trustees of negligently or even maliciously acting against their best interests, potentially by unfairly distributing assets or neglecting to list them.
In the event of lawsuits or other types of litigation, such as probate litigation, trustees may want to hire an attorney to represent them and provide legal guidance either in or out of court.
Trusts sometimes include complex assets, such as businesses and commercial real estate, which may be difficult to manage and distribute alone. In these instances, trustee representation could help ensure accurate valuation and legal compliance in Santa Clara County.
Depending on the precise situation, trustees may be able to represent themselves or seek representation from a legal professional.
Self-representation might be a viable option when a trustee needs to handle non-probate litigation or request instructions regarding the trust document. California courts will permit self-representation for these and other similar matters, but trustees do not have the authorization to practice law in these cases. Also, if individuals do not have much experience as trustees, they could risk compliance issues and other problems that legal professionals could help avoid.
Generally, it is in the trustees’ best interests to hire an experienced trust litigation lawyer to reach the ideal resolution. Trustees have the ability under the California Probate Code to hire legal representation, potentially using trust funds to do so when appropriate, which a trust document may discuss.
Hiring a lawyer offers numerous advantages over self-representation. For example, the right attorney and law firm will have years of experience handling similar situations on behalf of their clients. They could provide in-depth legal guidance to help trustees maintain compliance and avoid legal pitfalls that could otherwise compromise their case. A good attorney could also provide representation for the trustee both in and out of court in Santa Clara County, potentially helping resolve disputes through mediation or preparing for a trial process.
If you require Santa Clara County trustee representation, you may benefit from working with our team of skilled legal professionals at Hackard Law. Our experienced trust litigation lawyers could review your situation and determine the best approach to everything from major decisions to beneficiary disputes and litigation. The right attorney could tailor a legal solution to meet your unique requirements and guide you through the legal process at every step.
Contact us today to schedule a consultation and get a dedicated legal advocate in your corner.
(916) 775-8542