The death of a loved one is a difficult time and can become even harder when family members learn that a trust includes unexpected distributions. The attorneys at Cottle Keen Lopiccolo & Heyde have extensive experience representing beneficiaries who need to challenge a trust and trustees who must defend against a trust challenge.
Representing parties on both sides of these challenges has given CKLH a unique perspective that allows the attorneys to advise clients of the big picture of trust litigation. Cottle Keen Lopiccolo & Heyde analyzes each matter to provide an individual strategic plan to ensure that the testator’s true intent is followed, and trust assets are preserved.
The living trust is a powerful planning tool which serve many purposes, including the avoidance of probate.Unfortunately, some people exploit the estate planning process by exerting undue influence on sick and elderly trustees to force them to make gifts that would not otherwise have been made. Other times, it is revealed that a person with power of attorney took trust assets for themselves instead of preserving the estate for the beneficiaries.
In those instances, the testator’s heirs can file a Petition in the Probate court to challenge a will and trust. A Judge can change the person who holds power of attorney and can remove a trustee if there is undue influence. A trustee who has improperly engaged in self-dealing can also be required to pay double damages to the trust for a loss incurred to the trust assets.
The attorneys at Cottle Keen Lopiccolo & Heyde have the experience to effectively resolve these trust challenges.
To speak with an experienced attorney in Cottle Keen Lopiccolo & Heyde’s trust litigation practice, please call
(714) 997-7870, or click here to contact CKLH by email.
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