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Unlike other legal disputes, estate and trust litigation can be especially emotionally taxing as it often involves disputes amongst family members at an especially emotionally charged time. Whether you are a trustee, or a beneficiary, you need an estate focused attorney with experience handling these kinds of disputes.
At Max Alavi APC, OC Trusts Lawyer, our expert trust litigation lawyers try to be as clear as we can in communicating with our clients and one way, we do that is to pledge to do the following when our office is contacted about your Trust or Probate Litigation matter:
- Engage our full focus to understand the details and specific facts of the matter
- Analyze and discuss those facts to arrive at possible ways to move forward
- Present the results of our analysis and arrive at a decision in collaboration with our client
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Top Trust Litigation Attorneys in Los Angeles & Orange County
While each case is unique, most probate and trust litigation cases fall into one of following categories:
- Intimidation, Duress, or Elder Abuse.
- Mental Capacity.
- Ambiguity and Procedural Defects.
- Revocation.
- Undue Influence and Fraud (specifically if an individual abused a position of trust or deliberately misled the deceased person)
- Probate and Trust Administration (disputes arise when a beneficiary or other aggrieved party challenges actions or inaction of a trustee or personal representative)
If you believe that a will maybe invalid for one or more of the above reasons, if you are a beneficiary and believe an estate is being mismanaged, or if you have been accused of mismanaging estate, the highly rated probate and trust litigation attorneys at Max Alavi APC can offer support, guidance, and solutions.
- Intimidation, Duress, or Elder Abuse.
- Mental Capacity.
- Ambiguity and Procedural Defects.
- Revocation.
- Undue Influence and Fraud (specifically if an individual abused a position of trust or deliberately misled the deceased person)
- Probate and Trust Administration (disputes a rise when a beneficiary or other aggrieved party challenges actions or inaction of a trustee or personal representative)
- Trust Litigation
With a well-designed estate plan, it is possible to avoid disputes among surviving loved ones, beneficiaries, and fiduciaries. Unfortunately, when disagreements do arise, it often involves pitting relatives and loved ones against each other. The attorneys at Max Alavi APC only focus on one area of law: Probate, Trusts, and Estates. Decades of combined experience litigating and resolving these types of disputes gives us the vision, experience, and negotiation skills to provide solutions, often leading to ideal results for our clients without the need to proceed with full trust litigation.
- Probate Litigation
- Intimidation, Duress, or Elder Abuse: If the testator changed his or her will under the threat of force, intimidation, abuse, or duress.
- Undue Influence: If someone close to the deceased person, such as a caregiver, family member, or friend, unfairly used a position of trust, it is said that said person had an undue influence on the deceased.
- Mental Capacity: If the testator is shown to have been in an impaired mental state at the time the will was executed.
- Defects in Will: A will may be contested if it was signed in the absence of witnesses, was not signed by the testator, or is otherwise not executed according to the law.
- Revocation: If the will was revoked after it was executed, it can also be considered void.
- Misrepresentation or Fraud: If the testator was deliberately misled by a thirdparty.
- What is Trust Litigation
Even the most meticulously detailed trust can cause a dispute. Hurt feelings, distrust, and frustration among families, can lead to trust litigation. When this happens, an experienced trust litigation attorney can make all the difference. Trust litigation generally falls into one of two categories, challenges to the validity of a trust and challenges to the administration of a trust.
- Challenged to Trust Validity: Challenges to the validity of a trust often involve allegations of incapacity, undue influence, duress, or elder abuse. Additionally, if a trust was drafted without the aid of an attorney, or with an attorney lacking experience, the terms may be open to interpretation. In such cases, a trust dispute may arise where the court is asked to interpret an ambiguous term.This is where the guidance of trust litigation lawyers is essential.
- Challenging Trust Administration : Unlike in Probate Court, Trust Administration is typically accomplished without court oversight. Trust disputes arise when aggrieved beneficiaries, creditors, and taxing authorities challenge the administration of the trust, attempt to replace the trustee, or hold the trustee personally liable for mismanagement or malfeasance.
Comprehensive Trust Litigation Services
Choose Max Alavi APC, OC Trusts Lawyer, Leading Trust Litigation Lawyers in Orange County & Los Angeles County
Max Alavi APC stands out as a top choice for trust litigation. We are proud to be the most reliable trust litigation law firm in Orange County and Los Angeles County for a number of reasons:
- Decades of Experience: With decades of combined experience, our attorneys possess a proven track record of effectively navigating complex trust disputes.
- Resolution Without Litigation: Our negotiation skills often lead to favorable outcomes for our clients without the need for costly and time-consuming trust litigation.
- Probate Litigation Excellence: We excel both in contesting and defending wills in court, ensuring that your interests are protected.
- Trust Litigation Proficiency: From challenges to trust validity to disputes over trust administration, our trust litigation attorneys have the knowledge and experience to secure your rights.
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Personalized Guidance: Whether you’re a trustee facing threats of litigation or a beneficiary concerned about trust mismanagement, our team offers expert guidance to minimize conflict and achieve favorable resolutions.
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Probate & Trust Litigation Law Firm Near You in Orange County & Long Beach
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We have offices in Southern California, mainly in Los Angeles & Orange County. Contact us at the offices listed above or fill out the form below.