Probate Attorneys Serving Southern California
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Recently, the increasing use of trusts has also led to the increased levels of litigation involving trusts. Most people do not have any experience acting either as trustees or beneficiaries and errors are often made which can result in bitter litigation.
Since a trust can last decades or longer with the trustee(s) managing or operating businesses for the benefit of the beneficiaries, such litigation can arise in the business context as trustees are alleged to be operating the business or investments poorly or with a conflict of interest. The problem often stems from lack of understanding on the part of trustees as to their actual fiduciary role. Few realize the duties such a role places upon a person, and when one suddenly is operating a business or managing millions of dollars of property, the lack of expertise is often ignored. Some trustees become conceited, seeming to believe that their position grants them uninhibited discretion to operate the trust assets as they wish. Others are ignorant of the restrictions placed upon them and quickly hire family members or friends to operate the business or assets, not bothering to consider their level of expertise for the job or to utilize the cost benefit analysis that any business must undertake.
Depending on the terms of the trust, most disputes end up in a court of law, often the probate court, with one or more beneficiaries filing suit to have the trustee removed, account for all sums spent, and to repay the trust for damages. Some trusts provide for arbitration of all disputes.
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Arcstone Law was established as a Foreclosure Defense Law Firm helping homeowners sue the banks after the mortgage meltdown of 2008. During that time the efforts of our lawyers were recognized and published by the State of California as precedence for other attorneys to rely on. Today our team of lawyers have grown, and our practice areas now include contract law, purchase/sales, quiet title litigation, partition actions, bankruptcy, eviction law, probate, divorce law (where Real Property is at issue) estate planning, business law and personal injury.
We focus everyday on providing high quality legal representation for our community and we dedicate ourselves to our clients and their cases. Whether you need legal assistance in Eviction Court, Probate Court, Federal Court, Bankruptcy Court or Appellate Court, there is no challenge that our experienced legal team is not ready to assist with. We have won thousands of cases and obtained millions of dollars in judgments and settlements for our clients. Call us today to schedule your consultation with a licensed attorney.