When Do You Need a Santa Clara Trust Litigation Lawyer?
- February 20, 2018 - Abused Beneficiaries, Trust Litigation,
Santa Clara County has become a major battleground for estate and trust litigation in California. When trust beneficiary rights are violated, it’s important to take quick action to safeguard assets and hold wrongdoers accountable.
A trustee has fiduciary duties to the beneficiaries of the trust. This means that, among other things, the trustee should always act in the best interest of the beneficiaries, use reasonable care when managing trust assets, and not commingle personal and trust assets. In some cases, however, trustees breach these duties by engaging in self-interest or other improper behavior. There is a particular risk for this misconduct in cases in which a trustee is also a beneficiary of a trust. Common examples of behavior that would likely breach the fiduciary duty owed by a trustee include failing to distribute trust assets in a timely manner, not performing the duties required of a trustee, or breaching the terms of the trust.
Disputes between trust beneficiaries in Santa Clara and elsewhere in the state are unfortunately common, especially in cases in which bad blood exists between family members or when a trust contains unclear or ambiguous terms. If you are in a situation in which you and another trust beneficiary have a disagreement regarding the terms of the trust, retain legal counsel right away. In many cases, the representation of a lawyer can even help avoid litigation entirely by helping negotiate an out of court settlement that all parties to the dispute find amenable.
If you are involved in a Santa Clara dispute regarding the administration of a trust or have suspicions that the terms of a trust were the product of a lack of mental capacity, undue influence, or any other issue that may invalidate the trust, it’s time to speak to attorney. Hackard Law is focused on trust litigation throughout California, and our lawyers are committed to protecting the beneficiary interests of our clients. You can call us at 916-313-3030. We want to hear your story.
Attorney Michael Hackard
Michael Hackard is a top rated “AV” for over 20 years (“AV Preeminent is a significant rating accomplishment- a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.”). Avvo also ranks him with their highest rating – “ 10.0 Rating – ‘Superb.’” Michael is also a “SuperLawyer” – an honor reserved for no more than five percent of attorneys in each state. [ Attorney Bio ]