Dependable Attorneys with Trust Litigation Experience in Fairfield and Vallejo, California
Invaluable support when dealing with potential trust fraud or other issues
At the law firm of Favaro, Lavezzo, Gill, Caretti & Heppell, PC, our lawyers represent anyone engaged in a legal dispute over a trust, including immediate family members, other beneficiaries, personal representatives and trustees of the individual(s) whose trust is concerned. Trust litigation often precipitates from the minimal court supervision of trusts in California, driving many trustees to just seize control. Trust litigation may involve heirs suing each other, improper drafting of a trust, improper actions by the trustee of a trust or failure to give timely accounting, among other issues.
A complicated process regardless, trust litigation can also be emotionally harrowing, since oftentimes those at odds are family members, and they are simultaneously dealing with a loss. The best way to protect yourself and the wishes of your deceased loved one during trust litigation is to secure help from a knowledgeable and trustworthy attorney like Louis S. Caretti from our law firm, who is a Certified Specialist in estate planning, trust and probate law with more than 20 years of experience in trust and estate law.
Reasons to litigate
When you worry that your loved one created any type of trust under fraudulent circumstances, or if you’re involved in a dispute with a trustee, representative, executor or fellow beneficiary, you may wish to explore your options for trust litigation. The following are common reasons to litigate a trust:
- Concerns over the legitimacy of the trust itself — If you believe the trust was created or modified under unsavory circumstances, the trust itself may not be valid, and you can litigate to contest its validity. These circumstances include the following:
- Lack of capacity when creating or modifying the trust
- The trust was created fraudulently, or while your loved one was under duress or undue influence
- Previous revocation of the trust or will
- Concerns over how the trust is being administered or managed — If you believe your loved one’s trust or estate plan is being managed without honoring his or her wishes, you can initiate trust litigation to have the personal representative, executor or trustee who is acting in bad faith removed from involvement in the trust. Behaviors may warrant removal include the following:
- Breach of fiduciary duty
- Failure to pay beneficiaries
- Payment to incorrect beneficiaries
- Failure to comply with a court order
- Conflict of interest
- General maladministration or wasting of the estate
Secure representation from a lawyer you can rely on
When you have reason to litigate a trust, it’s important to have an attorney from the law firm of Favaro, Lavezzo, Gill, Caretti & Heppell, PC by your side to protect your best interests and the wishes of your loved one. To schedule a consultation today, call us at 707-552-3630 or contact us online.
Favaro, Lavezzo, Gill, Caretti & Heppell, PC has offices in Vallejo, Fairfield and St. Helena, California, we represent clients throughout Solano County, Contra Costa County and Napa County. Our attorneys maintain flexible hours and are always happy to schedule appointments at our clients’ convenience. In order to best accommodate our diverse client base, members of our staff speak Spanish, Tagalog and Ilocano.