Poor Decisions And Inexperience Can Drain An Estate’s Resources
Trust and estate administration comprise a complex weave of fiduciary duties. Executors’ and trustees’ duties include timely filings and providing notices to beneficiaries and heirs. They must develop a schedule for following the court’s processes, inventorying assets, locating beneficiaries, paying creditors and claimants, collecting money owed to the estate, conducting banking and transferring the deceased’s assets into the estate. They must protect and carefully invest the assets as necessary, among other duties.
The law holds estate executors and administrators personally liable for losses in the value of estate assets due to misconduct or errors in upholding their fiduciary duty. Sometimes executors and trustees were assigned without any prior knowledge of their duties to the estate and the myriad tasks of trust and estate administration. Some mistakes are honest ones, some are not.
When poor decisions and inexperience appear to be draining an estate’s resources, beneficiaries and heirs have a right to seek legal action against the executor or trustee. Executors and trustees have the right to seek counsel to defend themselves when heirs or beneficiaries are challenging their actions or filing for the removal of a trustee.
At Van Dyke & Associates, APLC, we provide sound legal counsel and trusted representation for those facing trust and estate administration disputes. We also help potential beneficiaries and heirs who have reason to contest the contents of a will or a trust.
Taking Cases To The Higher Court
In addition to negotiation and trial court advocacy, our legal team regularly takes cases to the appellate court to defend a ruling or to fight an adverse ruling. This is why with every case, our trial attorneys carefully record matters essential to post-trial relief, including:
- Interpretation of statutes and case law
- Introduction of evidence
- Quality of evidence entered for the record
- Testimony admission
- Jury instructions
We also provide appellate assistance to other law firms, such as:
- Appellate briefs
- Amicus curiae briefs
At Van Dyke & Associates, APLC, our trial attorneys have built a well-respected reputation for courtroom victories on behalf of the clients we serve.
Contact A Law Firm With The Resources And Experience You Need
Call our office in San Diego at 619-514-2094 or send us an email to initiate a consultation to learn how our attorneys can help you resolve contentious trust and estate administration matters. We serve clients throughout the state of California.