what to bring to a trust litigation attorney meeting

To this first meeting, you should bring any documents requested by the intake questionnaire or at the consultation. For example depending on the facts of your case, you may need to bring copies of: Documents that will "prove" your authority, such as a will or living trust document that names you as the personal representative

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What should I bring to my meeting with my attorney?

The Mechanics of Trust Litigation: 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.

Who are the members of the trust litigation team?

Trust litigation is the story of human nature and its foibles. Contested trusts are often colorful and rich in human drama. California trust lawsuits frequently concern disputes between abused beneficiaries, successor trustees and new beneficiaries to a trust influenced by wrongdoing against the trust maker (settlor or trustor). Some examples ...

What types of legal disputes end in trust litigation?

Jun 14, 2018 · Trust litigation may attack the validity and legality of the trust. In this type of dispute, a person or an interested company attempt to have the entire trust agreement declared null and void. The legitimacy of a trust agreement can be attacked in a variety of manners.

What do I bring to the probate attorney?

What should I prepare for estate planning?

The Estate Planning Must-HavesWill/trust.Durable power of attorney.Beneficiary designations.Letter of intent.Healthcare power of attorney.Guardianship designations.

Who are the individuals you would choose to help you prepare an estate plan for a client?

Your attorney An attorney can help guide you through the process of building an appropriate plan. Attorneys also may specialize in certain areas of estate law, such as special needs planning or elder law, so consider whether that expertise may be useful as you build your estate plan.Aug 2, 2021

What should I bring to a will?

What to Include in a WillA list of all of your assets. ... A list of all your liabilities. ... The beneficiaries (who to give the assets to) and guardians (for if the beneficiaries are too young), and how much each one is to receive. ... The executors (to carry out your will). ... The advisors.More items...•Jun 20, 2019

What makes a trust a legal document?

A trust deed is not just a guideline or a suggestion: it is a contract binding all parties involved and is enforceable by law. In order to be officially considered a trust deed, your trust documentation should include all of the following information: An official name for the trust. The name of the trustee.

How do I organize my estate documents?

Organize Your Informationfuneral plans (arrangements and whom to notify)insurance policies.wills, living trusts, deeds, and other important documents.pensions and retirement accounts.bank, money market, and mutual fund accounts.stocks and bonds.items in safes, safe deposit boxes, and other locked or hidden places, and.More items...

What are the 5 components of estate planning?

A good estate plan is comprised of five key elements: Will, Trust(s), Power of Attorney, Health Care or Medical Directive and Beneficiary Designation. A will is a legally binding document that directs who will receive your property and assets after your death.Nov 8, 2017

Can an executor be a witness to a will?

Can An Executor Be A Witness? Yes, an executor can witness a Will – as long as they are not also a beneficiary.

Can the executor of a will be a beneficiary?

When making a will, people often ask whether an executor can also be a beneficiary. The answer is yes, it's perfectly normal (and perfectly legal) to name the same person as an executor and a beneficiary in your will.Aug 11, 2021

Do and don'ts of making a will?

Ten Do's and Don'ts for Writing Your Will1.) Don't put it off. ... 2.) Don't get lost in the weeds. ... 3.) Don't bestow honors. ... 4.) Do name alternates. ... 5.) Don't let the choice of alternates bog you down. ... 6.) Do express your wishes for charities and friends. ... 7.) Don't think that other documents or statements will suffice. ... 8.)More items...•Feb 20, 2020

What information goes in a trust?

This should include the titles and deeds to real property, bank account information, investment accounts, stock certificates, life insurance policies, and other assets you will be using to “fund the trust”. Having this information available will make it easier to prepare your trust distribution provisions.Mar 8, 2021

What document should be in place when a trust is formed?

A declaration by trustees. A sworn affidavit signed by the independent trustee. A certified copy of the Identity Document of each of the trustees.

How do you hold a trustee accountable?

The Options for you to Hold the Trustee AccountableContact the Trustee. ... Write a Letter. ... Hire an inexpensive lawyer. ... Hire an expensive lawyer. ... Hire an attorney who can take court action.

How to set up a trust?

First, you must select the trustee and beneficiaries, and obtain the consent of the former. Second, you must create the trust document, which will give the instructions for distributing the assets in the trust.

What are the duties of a trustee?

Either way, the trustee has a variety of important duties: 1 The duty to carry out the settlor’s instructions. 2 The duty to pay off any debts or taxes that the trust owes. 3 The duty to invest the assets responsibly, if there are any assets the trustee is permitted to invest. 4 The duty to make appropriate decisions about the distribution of the assets, if the trustee is afforded any flexibility in this regard. 5 The duty to keep records of their actions in administering the trust.

Why do you need a revocable trust?

The benefits of a revocable trust are obvious: the settler can correct earlier mistakes and respond to changing circumstances. As everyone knows, financial and family circumstances can change very rapidly, and there are a variety of reasons why you may eventually need to amend or revoke your trust .

What is a trust in estate planning?

In a trust, the estate planner, known as the settlor or grantor, places their assets under the control of a trustee, who holds these assets on behalf of a beneficiary. It is important to remember that trusts are essentially tripartite ...

Why do people create irrevocable trusts?

The reason why some people choose to create irrevocable trusts is that have a couple of major advantages over revocable trusts. For one, the assets in an irrevocable trust, unlike those in a revocable trust, are no longer vulnerable to debt collection or to lawsuits against the settlor.

What are the two types of trusts?

There are two major types of trust: revocable and irrevocable . Revocable trusts are also known as living trusts, or, if you want to get fancy, inter vivos (“between the living”) trusts. In a revocable trust, the terms of the trust can be modified by the settlor at any time.

Is trust administration supervised by court?

Trust administration is roughly analogous to the process of probate, although it is not supervised by a court. As we explained above, this has many advantages.

What happens when a trust disputes a trust?

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.

Who must file regular accountings of all their actions with the court?

In probate, executors of estate and Trustees of trusts subject to court supervision must file regular accountings of all their actions with the court, copy to all beneficiaries, who have a right to object to any irregularities and ask the court to step in to control the errant executor or Trustee.

Why do people use living trusts in California?

Living trusts have become part of most estate plans in California since that structure allows families to pass assets to the next generation without the expense and delay of formal probate that having only a will entails. As discussed in detail in our articles on estate planning and trusts, the use of a trust has significant benefits for the average family and for those with substantial wealth can save a great deal of money in administrative costs and taxes.

What is the role of a trustee?

The “Trustee” is the person or persons (or entity) agreeing with the Trustor to hold assets placed into the trust for the benefit of third persons.

What is fiduciary duty?

The Fiduciary Duty: Note that the fiduciary duty is one way: only the Trustee has it and has it both in terms of the relationship with the Trustors and the Beneficiaries. And that is true when the Trustee operates a business for the trust, sells assets of the trust, or interacts with the trust.

Do trusts require accounting?

Most Trusts limit the accountings that a Trustee must file by their own terms or the Trustee may ask for a waiver of accountings from the Beneficiaries. The idea is that accountings are time consuming and can be expensive when accountants are required.

Can a trust petition the court?

It is possible in most trusts to have the Trustee petition the court for instructions as to how to handle a particular transaction or matter. The Beneficiaries are given notice and can voice their concerns, but the decision of the court will normally be binding upon the parties and the Trustee nervous about possible litigation may find protection in that relatively inexpensive solution.

What questions should I ask my attorney?

Questions for Your Attorney 1 How long have you practiced in this area of law? 2 How many cases have you handled that are like mine? 3 What was the outcome in those cases? 4 How long does it typically take to resolve cases like mine? 5 What sort of budget should I anticipate for this sort of case, from beginning to end? 6 Do you require a retainer? If so, how much? 7 What additional information, documents, or data do you need from me in order to begin work?

What is an initial meeting with an attorney?

An initial meeting with your attorney is important, not just for exchanging information about your case, but also for building rapport and trust. Commonly, you will first have a short phone call with the lawyer, who will then ask to meet you in person. If you aren't yet certain you plan to use this lawyer, ...

What happens if you don't hire a lawyer?

Be honest. Remember that, even if you do not end up hiring the lawyer, everything you tell him or her during your meeting is generally subject to the attorney-client privilege. (The biggest exception to this, not surprisingly, is if you tell your lawyer that you are going to commit a crime, which information the lawyer may be duty-bound ...

Should I get a second opinion before surgery?

Much like getting a second medical opinion before a surgery, it is common to seek advice from two or more lawyers before committing. The attorney-client relationship is important, and you need to feel comfortable with your choice.

What is retainer agreement?

You may be presented with a contract called a retainer agreement or a legal services agreement. This typically spells out the scope of the lawyer's representation of you, as well as the fees that you will pay. The document is ordinarily a few pages long. The lawyer should explain it to you.

Do I need to wear a suit to a business meeting?

This does not necessarily mean you need to wear a suit, but you should wear the type of attire you would wear to any formal business meeting. This shows the attorney that you are a professional, and are taking your case seriously. Let the lawyer do the talking, initially.

What are the duties of trustees?

Trustees owe a legal fiduciary duty to the beneficiaries of a trust including: 1 A duty of full disclosure 2 A duty of loyalty, and, 3 A duty of care.

What is a trustee in Florida?

A trustee is responsible for distributing and administering assets held in a trust to beneficiaries in accordance with the terms of a trust.

What is a contested trust?

Contested trusts are often colorful and rich in human drama. California trust lawsuits frequently concern disputes between abused beneficiaries, successor trustees and new beneficiaries to a trust influenced by wrongdoing against the trust maker (settlor or trustor). Some examples follow:

What is a plan of attack?

A Plan of Attack. Don’t just go in assuming that your search of the Internet gave you a bullet-proof theory of challenge or contest. You need to have a game plan before going to court – it might be a game plan that changes with circumstances – but it is still important to start with a game plan.

Who is Michael Hackard?

Under the leadership of Super Lawyer Michael Hackard, Hackard Law is on the cutting edge of California estate, probate and trust litigation. Our team of attorneys is dedicated to representing clients at every stage of the litigation process – we’re here to safeguard your family and your future. Hackard Law serves clients across the state, from Sacramento and San Francisco to Alameda, San Mateo, Contra Costa, Santa Clara and Los Angeles. We work to ensure that victims of wrongdoing in estate and trust matters are shielded from further abuse and that the wrongdoers themselves are held to full account under the law.

What is contingency fee?

Contingency fees are often a matter of necessity. The very nature of an aggrieved trust or estate beneficiary or heir is that the person has been cut off from the financial distributions of an estate. This exclusion is often the cause of confidence in the wrongdoer: they think they’ll get away with wrongdoing.

What is the light of day?

The light of day is the enemy of a lie, and it is often a lie used to cover the wrongdoing of an undue influencer. More often than not, our actions against a wrongdoer trustee will force him or her to give us a copy of the trust. This is usually the beginning of a process of discovery.

What Should I Bring?

• If you’re facing a trust litigation issue, an experienced trust litigation attorneycan help you evaluate your case. Their guidance can help you make good decisions as you consider your next steps. Ultimately, your goal is to advance your interests and achieve justice as quickly and effici…

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How Should I Act During The Meeting with The Lawyer?

Get An Understanding of The Attorney's Fee Structure and Related Costs

• Here are some suggestions for what to bring to your meeting with your attorney. 1. A pen and pad of paper or the electronic equivalent! In the course of your conversation with your attorney, you will surely want to write down notes on any issues or questions that arise. 2. A list of questions. Clients often have a million questions and concerns before a meeting, one or more of which the…

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Clarify What Will Happen After The Meeting

Questions For Your Attorney

Beneficiaries and Trustees

Trust Litigation Causes of Action

Trust Litigation Legal Dispute Examples

• Trust litigation involves legal disputes over a trust, between beneficiaries and trustees. Every Florida trust names a trustee. A trustee is responsible for distributing and administering assetsheld in a trust to beneficiaries in accordance with the terms of a trust. Beneficiaries of a trust are those who receive assets from a trust.

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