Trust Litigation
Seek clarity, fix mistakes, take control
Trusts are great tools for keeping your property out of the courts. But when trustees fail to meet their duties, or when trust terms need to be amended, interpreted, or enforced, legal orders can become a pressing need. The Law Office of Ravi Patel provides representation to trustees and beneficiaries who need a court order to achieve the goals of the trust.
Removing a Trustee
Amending Irrevocable Trusts
Most trustees begin work with good intentions. But when a trustee fails to fulfill their duties, acts with hostility, or is no longer able or willing to serve, a court order can be necessary. Book a consultation if you need to remove a trustee or enforce your rights as a beneficiary.
When the original trustor of a revocable or living trust dies, their trust becomes irrevocable. But “irrevocable” does not always mean permanent. Under the right circumstances, an irrevocable trust can be amended to fulfill the purpose of the trust, make early distributions to beneficiaries, or provide clarity and direction to the successor trustee. Book a consultation if you need help amending an irrevocable trust to address unexpected circumstances.
Appointing a Trustee
When a trustee dies or resigns without an alternate, a trust proceeding can be required to name a successor. If the remaining beneficiaries disagree about who should be appointed, a judge can be asked to hear evidence and decide how the trust should be managed.
Contesting Trusts
A trust is a powerful tool, but when it is misused, heirs and beneficiaries can be forced to prove that a bad actor’s purported documents are invalid. The Law Office of Ravi Patel has experience investigating the validity of trust documents and amendments and can help you determine whether a contest of purported trust materials is appropriate.
Blog Posts
Fixing Deeds and Claiming Houses in Trusts — A Guide to Heggstad Petitions
Heggstad Petitions help successor trustees claim property that was accidentally left out of a trust. Schedule a free consultation today to hear about our flat fee, contingency-based Heggstad Petition services.
Descriptions of property for Heggstad Petitions — What’s enough?
If a trust only identifies property by general references, a Heggstad Petition can still help a successor trustee avoid probate.
Where should a Heggstad Petition be filed? —Venue in Probate Code 850 petitions
Where should your Heggstad Petition be filed? You might assume that it has to be in the county where your deceased relative lived or in the county where the property is located. But, in most cases, neither of those details matter!
The Law Office of Ravi Patel provides Trust Litigation services in Alameda County, Contra Costa County, Marin County, Napa County, San Francisco County, San Mateo County, Santa Clara County, Solano County, Sonoma County and throughout California.