Probate and Trust Litigation Attorney: Common Questions

Probate and Trust Litigation Attorney: Common Questions

23:50 09 October in Blog Posts, Wills & Trusts
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The probate and trust litigation attorneys at the Law Offices of Richard Sax in Santa Rosa, California know that court can seem confusing or even intimidating to some. To help dispel some of these negative feelings, we are willing to answer any questions you have about your upcoming trial.

Here are some common questions about court that our experienced probate and trust litigation attorneys are happy to answer.

What happens when a person dies without a will?

A person who dies “intestate” is someone who died without leaving a will. In such a case, probate court will determine where that person’s assets will go. This process is often long and hard. To have the best outcome, you will need a probate and trust litigation attorney like Richard Sax who has over 40 years of experience in such trials. His goal is always to solve your case as successfully and efficiently as possible. Check out some of his success in probate and trust litigation on our main website. (insert link)

Who is able to contest a trust?

A person who could have potentially inherited from the deceased can bring up evidence to show that they were improperly excluded from the will or trust.

How do I contest it?

If you believe you have been treated unfairly in this way, allow our probate and trust litigation attorneys to review your case and give their expert advice as to whether there are the grounds to justify challenging that will or trust. If so, they will begin fighting for your case.

Is it possible to remove a trustee?

If you were given removal power in the trust document, you can remove a trustee pretty easily. If you weren’t, you must go to probate court to prove that you have good reason to remove them. Our probate and trust litigation attorneys have a wealth of experience in these kinds of trials.

What is a breach of fiduciary duty by the trustee?

A trustee is supposed to handle the distribution of a trust to its beneficiaries according to the deceased’s will. Abuse of this power is called a breach of fiduciary duty. In this scenario, the trustee improperly distributes the estate and puts his or her interests above that of the beneficiaries. Such an abuse of power is a serious matter that needs to be handled in litigation.

If you have any other questions or concerns that you would like to bring to our expert probate and trust litigation attorneys, contact the Law Offices of Richard Sax in Santa Rosa, California by calling (707) 525-1824 or emailing richard@rsaxlaw.com for a free initial consultation.