Litigating Trusts and Estates Matters

One of the skills that has become invaluable in the estate planning/wills/trusts and probate practice area is the ability to handle a litigation matter when it arises. This is when someone disagrees with how an estate is being handled (either through a trust or probate proceeding) or feels that they are entitled to a portion of an estate or for a myriad of other reasons.

Tredway, Lumsdaine & Doyle, LLP, attorneys are very experienced in handling litigation matters in trusts and estates matters.

We have four attorneys who handle routine estate planning matters for clients. We have three attorneys who handle routine probate matters for clients. We have seven litigation attorneys who routinely handle litigation matters as it relates to trusts and estates.

Typically, a client who has a litigation matter will consult with the appropriate practice area attorney (estate planning or probate) and then once the client retains the firm, a team approach is used to put together the best attorneys for the matter that is most cost effective and follows the desired litigation strategy for our clients.

Comments

[Trudy]

Are all California estates with an established will & trust 'settled' at some point by the attorney's office?
In other words, is there a point that the execution of a will & trust is officially closed with the heirs?
Example: If one heir claims inheritance different than the will & trust outlines and that heir physically assumes those assets claimed, is there a point that the attorney handling the case will bring a resolution to the matter or can an heir simply do as they please if other heirs unable to oppose them?
The heirs never received any 'closing' letter or action from the atty office and the will was never executed as written (the assigned atty was aware of this situation but I'm not sure he was able to handle the personalities involved).
Is it possible that the legal file just fell into some black hole?
If so, what should the heirs do?
Clearly this is very difficult and I appreciate confidentiality.

Thank you

[Kim Nagy]

I am trustee to my domestic partner's Living Trust. Her mother, who's been living on the property for about 15-yrs and basically living free. She gave my partner $350 monthly to help with expenses on property (10-acres), etc.
The trust has her mom getting $75,000 at the close of escrow on the property and it also states that I can continue living on the property as long as I feel. Since my partner's death, her mom moved in her 52 yr. old ex-con son, also his girlfriend stays there at least 3-nights a week and weekly at times. I cannot afford to keep taking care of all these people and the extras in utilites, etc., plus loss of privacy. I want all of them off the property. My partner told me before her death "do not let Tim (her brother) move on the property. The mom says that the $350 she continues to give me is "rent", yeh wouldn't 100% of the people in the world like to pay only $350 a month for a 2+1 mobile in a very exclusive area. She is NOT paying rent. How is the best way to get them off property. There is nothing in writing. The trust only states that her mom will get $75,000 at close of escrow on the property. Help!!! Also her mom is 79 yrs old but continues to work and I'll be 65 this April, so we're both seniors if that makes a difference. I know they will not move even though I've given her a 60-day eviction notice. Help, Help, Help. Thanks, Kim