Probate, Trust Administration and Litigation

Without a formal estate plan, when a loved one passes away and has assets to distribute including bank accounts, real estate, or investments, their estate must go through “probate,” a process whereby the assets are collected, liabilities and final expenses are paid, and any remaining assets are distributed to beneficiaries. In California, formal probate that is overseen by the probate court is required for estates over a certain value, and it’s important to have the assistance of an experienced probate attorney.

If your loved one created a trust as part of their estate plan, then once they pass away then the trust must be “administered” by a trustee. California requires that the trustee keep a detailed accounting of the trust, which typically includes using trust funds to wind up the your loved one’s affairs, overseeing all trust activity, including deposits and distributions from the trust, and determining the appropriate mode of accounting. The trustee should meet with an experienced attorney at the onset of the administration process to assess the extent of his or her obligations.

Sometimes, disagreements and disputes arise relating to the interpretation of a trust, a beneficiary’s entitlement to distributions from a trust or estate, or the fiduciary conduct or accountings provided by a trustee. When that happens, it’s critically important to receive guidance from an attorney, experienced in the complexities of trusts & estates litigation. If you suspect, or have cause to believe that an estate is being mishandled or conducted in an unscrupulous way, or the wishes of your loved one are not being followed, FPLG can help you pursue legal options.

Fiduciaries play an important role in administering a trust, after your loved ones pass away. Many times a fiduciary is appointed in place of the appointed Trustee due to improprieties or disagreements among Co-Trustees. In contested trust and probate administrations, it is important for fiduciaries to receive competent guidance from an experienced attorney. In addition, it is important for the fiduciaries to have an attorney who can advise them on how to avoid litigation in such matters. FPLG assists and advises fiduciary representatives on their obligations in administering trusts or estates.