(916) 775-8542 What Does a Trust Attorney Do? What You Should Know!
If you are on the lookout for someone to help you manage your assets, you may have been referred to a trust attorney. But what does this legal advisor actually do, and what are the benefits of this popular legal service? More importantly, what role does a trust attorney play when disagreements arise, when a trustee is accused of misconduct, or when a trust is being challenged in court?
The skilled trust litigation attorneys at Hackard Law put together this guide to help you understand our role. Our work extends far beyond drafting documents—we protect beneficiaries, defend trustees, resolve conflicts, and litigate when necessary. Keep reading to learn more about what you should know and how our legal team could help.
Create and Manage Trusts
Skilled trust attorneys take on many roles in the estate planning process, right from the start, by helping clients like you create and manage trusts. These legal arrangements hold and ultimately distribute assets to beneficiaries. Your attorney would consult with you to understand your goals and recommend the right type of trust for your needs, and how best to structure your assets. Then, we would draft all the necessary documents and help fund the trust by retitling your assets into the trust’s name.
While we assist with the establishment of trusts, much of our work later involves interpreting or enforcing these documents during disputes—especially when unclear language, contradictory instructions, or suspected manipulation lead to litigation.
Trust Administration
Once we have established your trust, we can guide the trustee through the process of settling the trust after your death or the death of the grantor by identifying and gathering assets. We could also help manage the trust’s payments for debts, expenses, and taxes, while ensuring assets are distributed to the correct heir, as per your instructions.
Trust administration often becomes contentious. We assist trustees accused of mismanagement, represent beneficiaries seeking transparency, and step in when a trustee refuses to communicate, delays distributions, or mishandles assets.
Legal and Tax Guidance
Our knowledgeable trust attorneys provide ongoing advice to trustees on their duties and legal obligations, as well as how to comply with California’s specific trust laws. We would also work with you to understand and implement strategies to minimize estate taxes.
When conflicts arise, we also advise trustees and beneficiaries on legal exposure, fiduciary duties, accounting requirements, and strategies to avoid or respond to litigation. This guidance often helps prevent costly disputes or resolve them before they escalate into lawsuits.
Dispute Resolution and Litigation
In the event any legal disputes arise concerning the trust or trustee misconduct, our legal team would represent your interests in court. We handle all challenges to the trust, including undue influence, elder financial abuse, lack of capacity, and other trust-related litigation. Another role we could take on is that of a negotiator to help resolve disagreements between beneficiaries or with the trustee.
Litigation is a major component of what we do. We prosecute and defend cases involving forged documents, hidden assets, disputed accountings, breach of fiduciary duty, wrongful trustee removal, and contested amendments. Our attorneys are prepared to pursue or defend against claims in probate court, negotiate settlements, or take a matter to trial when necessary.
Find Out What a Trust Attorney Does and Reach Out to Our Office
Now that you have a better understanding of what a trust attorney does, you can see how crucial legal representation becomes when a trust is at risk, a trustee is challenged, or a family conflict escalates into litigation. The skilled attorneys at Hackard Law have the answers that you should know. With offices across California, you can find us in your neighborhood.
Reach out to a member of our team today to learn more about our contingency fee. We are dedicated to protecting beneficiaries, defending trustees, uncovering wrongdoing, and ensuring that California trust law is properly enforced. We always treat our clients with compassion and respect, and if we do not achieve the winning results you hope for, you do not have to pay us.