Trust & Estate Litigation | OC Trial Group, APC

fiduciary duties in trust administration

Defending Breach of Fiduciary Duty Claims in Orange County

Posted on February 10, 2025

Fiduciary duties are at the core of trust administration, ensuring that trustees act in the best interests of beneficiaries. However, allegations of a breach of fiduciary duty can put trustees under significant emotional and financial strain. If you’re a trustee facing such a claim, turn to OC Trial Group, APC.

Common Reasons for Estate Litigation

Posted on December 28, 2024

Estate litigation arises when disputes occur while a deceased person’s estate is administered These conflicts can delay asset distribution, strain family relationships, and lead to significant legal expenses. Understanding the common causes of estate litigation can help you recognize potential issues and take steps to prevent them. Disputes...

Should You Mediate Your Inheritance Dispute?

Posted on December 11, 2024

Inheritance disputes can be emotionally charged and complex, often leading to strained relationships among family members. At OC Trial Group, APC, we understand the challenges individuals face when navigating these disputes and offer insights into whether mediation could be the right approach for resolving such matters. Understanding...

How Can a Trustee Protect Themselves?

Posted on December 1, 2024

Serving as a trustee is a significant responsibility that requires careful management of assets and adherence to legal duties. While fulfilling this role, trustees can face challenges, including potential legal liability. Understanding how to protect yourself as a trustee is essential to managing the trust effectively and minimizing risks.

Understanding Anti-SLAPP Motions

Posted on August 30, 2024

Asserting Anti-SLAPP Motions Against Enforcement of a No Contest Clause In estate litigation, disputes over the enforcement of a no contest clause can be contentious and complex. It is a strategic decision to determine how you will defend against such petitions, including whether to file an...

Addressing Abuse of Power: What to Do When an Agent Misuses Power of Attorney

Posted on July 19, 2024

Granting someone power of attorney (POA) empowers them to manage your affairs when you are unable to do so yourself. However, instances of abuse or misuse of this authority can arise, requiring swift and decisive action. At OC Trial Group, APC, we provide guidance on how to address abuse of power under...

How Long Does It Take to Resolve a Trust or Will Dispute in California?

Posted on June 13, 2024

The time it takes to resolve a trust or will dispute in California can vary widely and depends on several factors, including the complexity of the case, the willingness of the parties to reach a settlement, the court's docket, and the need for formal litigation. While some disputes may be resolved relatively...

What Happens if a Trust or Will is Successfully Contested in California?

Posted on May 28, 2024

If a trust or will is successfully contested in California, several potential outcomes are possible, depending on the specific circumstances of the case and the grounds on which the contest was based. Here are some of the possible results: Invalidation of the Document: If the court finds...

How Do I Start the Process of Contesting a Trust or Will in California?

Posted on May 16, 2024

Starting the process of contesting a trust or will in California involves several key steps. Here is an outline of how to begin the process: Consult with an Attorney: Before taking any action, it's highly advisable to consult with an experienced estate and trust attorney. An attorney...

How Long Do I Have to Contest a Trust or Will in California?

Posted on April 30, 2024

The time limits for contesting a trust or will in California depend on several factors, including the nature of the document and the circumstances surrounding the dispute. Here are the general guidelines for how long you have to contest a trust or will in California: Contesting a Will: For wills,...