As a resident of California, you may be considering using a trust as part of your estate planning. Trusts can provide many benefits, such as avoiding probate, reducing taxes and protecting assets. However, it’s important to understand that trusts are not immune to legal challenges. In some cases, you or others may be able to sue a trust.
Challenging a trust or trustee
Trust litigation refers to the legal process of challenging a trust’s terms, or the trustee’s actions. This type of lawsuit can arise for various reasons, such as if the trustee has mismanaged the trust assets, failed to follow the terms of the trust or engaged in self-dealing. In addition, in some cases, beneficiaries of the trust may sue the trustee for breach of fiduciary duty.
Uniform trust code in California
In California, trusts are governed by the Uniform Trust Code, which sets out the rules and procedures for trust litigation. This code provides the framework for trust litigation, including the grounds for a lawsuit, the types of relief that can be sought and the time frame for bringing a lawsuit.
Lengthy legal proceedings
It’s important to keep in mind that trust litigation can be complex, time-consuming and may involve lengthy legal proceedings. Trust litigation can also be costly, as it typically requires discovering legal avenues of recourse and may involve expert witnesses and other costs.
Trust litigation and disputes
While trusts can provide many benefits in estate planning, understanding that they are not immune to legal challenges can prove helpful. Trust litigation can arise for various reasons, resulting in significant time, effort and cost. Therefore, if you find yourself in a trust dispute, consider all your options to protect your interests and resolve the matter in a timely and efficient manner.