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litigation or lawsuit
Trustee Representation | Executor Representation | Beneficiary Representation
Probate Litigation (Lawsuit) | Family Trust Litigation (Lawsuit) | Estate Litigation (Lawsuit)

Mortensen Law Office located in Newhall California will help you settle through court petition, negotiation, mediation or, as a last resort, probate or trust, lawsuit or litigation.

A variety of conflicts such as litigation or lawsuits can arise concerning the interpretation and execution of probate or estate documents, particularly when these documents were not properly drafted and executed. A lawsuit is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a plaintiffs rights, award damages to plaintiff, or impose a temporary or permanent injunction to prevent an act or compel an act.

Beneficiaries sometimes believe that the decedent’s representative, during probate or trust, is not acting in their best interest, has been tardy in performing fiduciary duties or has made unauthorized distributions. In some cases beneficiaries challenge the estate planning document itself, suggesting that the decedent was under undue influence or incapacitated when executing it, that the signature may be forged or that the decedent was unaware of what he or she was signing.

In challenges of this sort, our primary goal is to maximize the benefit from the estate or probate to the beneficiaries. To that end, we reserve costly litigation (lawsuits) as a last resort and attempt to resolve any conflicts between fiduciaries and beneficiaries through settlement, negotiation or mediation.

We can assist fiduciaries and beneficiaries with a variety of actions.

    For example,
  • If you have a matter relating to the trustee’s performance of fiduciary duties,
  • If you have an issue relating to the fiduciary’s accounting duties,
  • If you require a court declaration as to the ownership of real property,
  • For information on quiet title actions,
  • If you are a trustee who lacks clear instructions on how to calculate a creditor’s share or similar matter,
  • if you have received multiple, inconsistent claims for the same property,
  • Please Contact Us (661) 799-8035

    Other petitions:
  • Petition to obtain court confirmation of a settlement agreement, thus blocking beneficiaries from later contest or litigation.
  • Petition to confirm that certain actions have been taken by the trustee in good faith.
  • Petition to determine that a particular beneficiary action does not constitute a contest.
  • Please call Mortensen Law Office (661) 799-8035 for help.

Have Your Fiduciary Duties Been Violated?
Trustees are legally entitled to make only those distributions which are authorized by the trust document, or, if the trust document is silent, distributions that are authorized by state law. Sometimes trustees, with the best of intentions, make distributions they believe the decedent would have wanted or was in the habit of making, but which are not provided for in the trust document.

Beneficiaries sometimes believe that too much money has been spent on fees to the trustee or third parties, that assets were not properly invested or that a distribution was made to a person who was not entitled to it. If you are a beneficiary in this situation, or a trustee who believes that the beneficiary’s claim is not justified, please contact us for further information.

Has the Trustee Failed to Provide an Accounting?
If you are a beneficiary who believes that the trustee has been tardy in fulfilling accounting duties,
Please contact us at (661) 788-8035

    The trustee’s accounting will list:
  • All assets and their values as of the date the trustee began managing the estate.
  • Receipts of income, including tax refunds, dividends, interest, rental income, refunds on property or casualty insurance, sale of property and other income.
  • All disbursements made from trust property

Mortensen Law Office
Tax, Trust & Probate Attorneys, P.C.
22807 Lyons Avenue
Newhall, California 91321
(661) 799-9225

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