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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 decedents 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.
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 beneficiarys claim is not justified, please contact us for further information.
the Trustee Failed to Provide an Accounting?
Tax, Trust & Probate Attorneys, P.C.
22807 Lyons Avenue
Newhall, California 91321
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