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Los Angeles Breach of Fiduciary Duty Attorney
Help with Estate Legal Disputes in California
In Los Angeles, legal disputes often begin with a claim that centers around the recently deceased.
The deceased either:
- Wrote a document
- Had their attorney write a document concerning the fate of their estate
Usually, the attorney will write up the document if the deceased was unable to do so at the time because of either "diminished capacity", or because they were "unduly influenced" by another person.
A claim of ‘diminished capacity’ will sometimes be made if it looks as if the deceased suffered from:
- Was under the influence of medication
- Had undergone a treatment that caused clouded or unclear thinking
A claimant will often believe the Will, or Living Trust, does not reflect the wishes of the deceased. For example, a claimant may have been entirely omitted from the Will as a beneficiary or may have been given less than they believe they would have been bequeathed if the Will hadn’t been altered shortly before death. The belief is that if the deceased had full capacity, the claimant would have received their fair share of the estate.
A claim of ‘undue influence’ will sometimes arise when the claimant believes the deceased wrote the Will while someone else, usually the person who ends up receiving the most from the estate, persuaded or manipulated the deceased into making their share a great deal larger than any other share of the estate.
Breach of Fiduciary Duty in California
Some legal disputes arise when a trustee of the Trust or executor of the Will is found to be in violation of the law or in breach of their fiduciary duty. Fiduciary duty is the obligation the executor or trustee has to obey the rules and regulations that apply to carrying out the terms of the Will or the trust.
Sometimes a fiduciary, while trying to do what is best for the person to whom they are responsible, will go about it the wrong way. This typically ends in a legal dispute between all parties involved.
Trust administration is governed by the California Probate Code and ought to be navigated with an experienced attorney to ensure the wishes of the deceased are carried out according to the law’s requirements.
Another common estate legal dispute is that of deciding who in the family gets control over the estate once the estate holder has passed away. This type of dispute can include questions as to who should be executor if no one was named, as well as who should assume the role if the person named does not or cannot serve.
To have power over an estate as the executor is to have the power to control the entire property and assets of the deceased. The person who gets control as an executor potentially can earn a fee that makes being the executor lucrative.
An estate legal dispute can arise in other ways as well. Sometimes the terms of the legal document, the Will or Living Trust, are unclear or are subject to more than one interpretation.
The following can all result in a legal dispute:
- Accusations of forgery or fraud
- The failure to follow the document’s terms
- Not acting in the interests of the beneficiaries
- And failing to properly account for all property and assets can
It’s important to have a good litigation attorney in Los Angeles by your side to sort out these issues in a calm and logical way.
Our Los Angeles legal dispute attorney, Mitch Port, strongly advocates on our client’s behalf whenever a legal dispute arises. Under the proper circumstances, we will bring a dispute to the court’s attention and work toward a resolution by drafting the appropriate petitions. In all circumstances, we will provide the most compelling supporting evidence needed to persuade a judge of our client’s point of view.
Are you or someone you know in need of a great Los Angeles legal dispute lawyer? Reach out to the Law Office of Mitchell A. Port for a free phone consultation (310) 526-3433, or contact us online for all your litigation questions.
“If you live on one coast and have a complex legal case on the other, you want a lawyer that not only has the knowledge and expertise to handle your case, but can make it as convenient as possible. I found that with Mitchell Port.” - Michelle F.
“My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!” - Cathy W
Mitch is compassionate, extremely knowledgeable and professional” - Lynne
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