When California residents create their estate plans, they do so with the aim of providing for the family members they will leave behind. Most people’s family members have different needs. Some will be good with money, some will have money and others will be the opposite. This means that in providing for loved ones using trusts, any decisions made could cause problems that lead to trust litigation.
If all of the beneficiaries are to receive equal portions of the assets contained in a trust, those distributions may not be perceived as equitable. For example, a family member who spent personal resources to care for the decedent may not feel that an equal share with those who did not contribute to that care is fair. On the other hand, if one beneficiary receives more from the trust, the other beneficiaries may not perceive it as fair.
This leads to a second situation in which litigation could erupt among beneficiaries or against the trust — the perception that a decision was unintentional. Beneficiaries may believe that the trust creator never intended it to work in a particular manner. If a potential beneficiary was not even included, he or she may claim that he or she should have been included.
Disputes among beneficiaries can easily lead to thoughts of trust litigation. However, before any lawsuit is filed, an individual may want to be sure that evidence to back up any claims exists. This is when an attorney with experience in litigating issues revolving around California trusts could prove invaluable. A thorough review of the circumstances could reveal what legal options exist.