A well-versed trust attorney can provide a variety of options in negotiating trust litigation cases leading to settlements by beneficiaries and trustees in Los Angeles County California. In most cases, estate negotiation tools are simple in nature. In getting parties to resolve their differences inheritance law in California allows for direct communication between a trustee and beneficiary. While as lawyers we want parties to communicate, we also want negotiation discussions to remain privileged. Therefore, we ask our clients to let us do the negotiating or document each communication with a beneficiary as a settlement negotiation.
It makes sense to first offer the simplest settlement tools in trust and estate cases. If you take the time to negotiate early on, it may save you lots of money in litigation. Managing expectation of the parties, especially beneficiaries, allows for faster resolution of cases. Each beneficiary dispute may involve many factors. Discord and disputes by beneficiaries in most cases include a breach of trust, fiduciary duty or some other malfeasance by trustees. Mediations and alternative dispute resolution work well in the trust litigation arena.
Tenancy issues in trusts are a common area of dispute. A beneficiary may be a resident of his or her parent’s home before the parent’s death and may believe that he or she can continue to live there rent-free. It is a trustee’s job to treat all beneficiaries equally. So if one beneficiary insists in remaining in the house, it may actually prevent the trustee from carrying out his or her duty to do equity.
Litigation can occur where the parent has left no specific instructions before death and one child lives in the property of the parent and refuses to pay rent. We counsel our trustee clients to request a court order for instructions asking the court to rule on matters involving tenancy of a beneficiary. In most cases, these types of actions get resolved.
Mina N. Sirkin is a Trust and Estate Litigation Attorney in Los Angeles, California who regularly advises trustees and beneficiaries about disputes. Ms. Sirkin is a Board Certified Specialist Attorney in Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California. For consultation appointments about negotiating to settle trust cases, call us at 818-340-4479. http://SirkinLaw.com/attorneys.html
Trust Litigation and Negotiation Attorney discusses your case options in Los Angeles California
https://sirkinlawgroup.com
Mina N. Sirkin, Specialist in Trust and Probate
Law in Los Angeles Ca
Call: 818.340.4479
Email: Info@SirkinLaw.com
“We help our clients negotiate and settle estate inheritance law cases in Los Angeles California, United States.”