Trust Litigation

Wednesday, March 1, 2017

Trust Disputes

Most people are generally unwilling participants in trust disputes.  People who are frozen out of a Trust usually don't use legal words of art to describe their plight.  More likely, they are apt to describe themselves as a son or daughter whose inheritance was taken by a stepmother, stepfather or caregiver during the last months of their mother or father's life.

Many preliminary interviews with abused beneficiaries involve a love between family members that is disrupted by the wrongdoing of another.  Such wrongdoing has real-life adverse emotional and financial consequences.
Read more . . .

Thursday, December 29, 2016

The Trustee Won't Distribute My Inheritance!

There are a number of reasons a trustee won't make a distribution.  Probably the most common reason is the trustee doesn't understand the trust.  Sometimes a trustee doesn't make the distribution because they're just plain lazy.  Even though it's their job they still don't make distributions even when the trust calls for those distributions.

Some trustees won't make distributions because they've done something wrong and they're hoping to cover it up by not making the distribution.

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Wednesday, August 24, 2016

Suing the Trustee of a Trust

While most trustees work diligently to carry out their tasks and treat all beneficiaries fairly, this is not always the case. Sometimes, a trustee acts in a way that shows a bias towards one or more beneficiaries. When this happens, it may be in the best interest of the beneficiary affected to consult with an experienced trust litigation attorney. In some instances it may be wise to bring an action to remove the trustee.

The following are five helpful facts about lawsuits brought against trustees:

  1. Trustees can be sued both in a personal capacity and as the trustee of a trust.
    Read more . . .

Tuesday, May 24, 2016

Shifting the Burden of Proof

One way of proving undue influence is to shift the burden of proof onto the person that you feel exerted the undue influence over the decedent. If done successfully, the individual who allegedly exerted the undue influence must then prove that no such influence existed. This is a challenging position to be placed in during a trust or will contest proceeding.

Since shifting the burden of proof is an ideal way to prove undue influence, how is it best accomplished? Undue influence will be presumed under California law if three facts can be proved. These facts include:

  • That a confidential relationship existed between the person exerting the undue influence and the decedent.
    Read more . . .

Hinshaw Estate Planning is a practice group of Hinshaw, Marsh, Still & Hinshaw and assists clients in matters related to Estate Planning, Asset Protection, Planning for Children, Inheritance Protection, and Estate & Trust Litigation in the areas of Saratoga, San Jose, Los Gatos, Monte Sereno, Campbell, Santa Clara, Sunnyvale, Cupertino, Los Altos, Los Altos Hills, Mountain View, and Palo Alto within Santa Clara County, the areas of Menlo Park, Woodside, Atherton, Portola Valley, San Carlos, and Redwood City within San Mateo County, and the Greater San Francisco Bay Area.

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