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Do You Need A Trust Litigation Attorney?

August 26, 2021/in Estate Planning /by Michael Lonich

Nobody wishes to quarrel over financial assets, but unfortunately, large inheritances and complicated trusts are often subject to controversy. When there are conflicting opinions regarding the validity of a trust, the trust may be scrutinized in the trust litigation process. Trust litigation is the process in which a person hires a trust litigation attorney to dispute the validity of a trust or the distribution process of the trust’s assets. During trust litigation, a judge determines if the trust was created according to the due process of law, if it is valid, and if the wishes laid out in the trust are being properly executed. 

When Should You Hire a Trust Litigation Attorney?

While most people wish to avoid this lengthy litigation process, it is often necessary to ensure that the true wishes of the owner of the trust are being properly executed. If you are the beneficiary of assets that are subject to trust litigation or believe that the trust does not reflect the true intentions of the owner, then you should not hesitate to hire a trust litigation attorney in order to protect your property.

There are several situations in which a trust may be considered invalid. For example, sometimes a person who creates or revises trust documents may be experiencing memory loss or dementia, which would mean that the trust is invalid because the owner was not of sound mind when creating the trust. 

Additionally, the trust owner could have been coerced, manipulated, or even forced to sign documents that do not reflect their intentions. Occasionally, there are even situations in which one person forges signatures in order to alter the trust to become a beneficiary. While the latter situations can seem extreme, these situations are particularly common among trusts with high assets, as people with more at stake are often the targets of others’ influence. 

Even if the creation of the trust was lawful and valid, the execution of the trust can be subject to validity. If the executor mismanages funds, makes substantial errors in accounting, commingles assets unlawfully, or commits another action that affects the lawful distribution of property, then it is highly recommended to hire a trust litigation lawyer. 

Lastly, if you are the beneficiary of assets that are being subject to trust litigation, then it is imperative to invest in a trust litigation lawyer in order to protect your assets during the litigation process.

Trusts & Litigation in Santa Clara

If you are interested in learning about how a trust litigation attorney can fight to protect your assets, please contact our offices today in Santa Clara to schedule a free, no-obligation consultation. LPEP is one of the largest estate planning law firms in the Bay Area and has a dynamic team of attorneys who specialize in trust litigation. We aim to solve most problems outside of court but are renowned for protecting assets during the litigation process.
We can answer any of your questions about trust litigation in your free consultation or, if you have lingering questions, you can look here to see if it answers your questions.

https://www.lpeplaw.com/wp-content/uploads/2021/08/trust-litigation-attorney-1.jpeg 912 1368 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2021-08-26 20:28:392021-12-22 19:45:04Do You Need A Trust Litigation Attorney?

Same Sex Divorce in California

August 11, 2021/in Family Law /by David Patton

For same-sex couples, the right to marry comes with the right to divorce. Though no one enters a marriage intending to divorce, it is a necessary process for married couples who understand that marriage is no longer the best fit for them.

While many aspects of divorce proceedings in California are the same for same-sex couples and heterosexual couples, there are certain aspects of the law that are particularly nuanced with respect to same-sex couples. Some of the differences can be advantageous for same-sex divorce, while others reflect the biases against same sex couples that are still ingrained in divorce law.

Child Custody Arrangements

The most contentious issue of divorce cases involving children tends to involve child custody arrangements. In the state of California, both parents are able to legally obtain parental rights of their children.  In divorce proceedings involving same-sex couples who both have parental rights, both spouses are typically considered with custody arrangements. However, in marriages in which only one parent has parental rights, a judge may consider the biological parent as having more rights in the custody arrangement.  Similar to heterosexual divorce litigation, factors involving parental roles and relationships with the child are considered as well.

Alimony Payments 

When it comes to alimony, judges have the authority to treat same-sex couples differently than heterosexual couples.  This differentiation isn’t due to biases within the law, but rather is due to the fact that many same-sex couples were been living together for years prior to being able to become legally married. In the case of one spouse being financially dependent on the other for a significant period prior to the marriage, the judge may factor that time into the alimony arrangements.

Dividing Retirement Accounts

While the division of retirement accounts is rather straightforward with heterosexual couples, it is often a convoluted process with same-sex litigation.

Domestic Partnership

Another layer that further complicates same sex divorce in California is if the couple obtained a domestic partnership prior to their marriage. If so, then the couple will need to terminate the domestic partnership in addition to ending the marriage. While this process is streamlined for heterosexual couples, it serves as another hurdle to overcome with same sex divorce. 

Same Sex Divorce in California

In order to get divorced in California, you must meet California’s residency requirements. Either you or your spouse must have lived in:

  • The state of California for the last 6 months, 
  • The same county where you plan to file for divorce for at least the last 3 months. 

If you and your spouse have been in California for at least six months but have lived in different counties, you can file in either county. If you are unable to satisfy the residency requirement, you have the option to file for a legal separation. After the required time has passed and you qualify for a divorce, your attorney can file an “amended petition” to request a divorce decree instead.

How to Facilitate a Smoother Same Sex Divorce

Since same sex divorce is a new area of practice, there are still many gray areas of the law that are open to interpretation. Due to the ambiguous nature of same sex divorce law, it is recommended to hire a same-sex divorce lawyer who is experienced with divorces between spouses of the same sex. Our team of qualified lawyers at LPEP represents one of the largest family law firms in San Jose, California. Contact our offices here to schedule a free 30-minute consultation in which you will learn your recommended course of action to protect your rights in your divorce litigation. You can also learn more about same-sex divorce here.

https://www.lpeplaw.com/wp-content/uploads/2021/08/same-sex-divorce-1.jpeg 817 1368 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2021-08-11 20:18:212021-12-22 19:45:21Same Sex Divorce in California
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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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