Denver, CO asked in Probate and Estate Planning for California

Q: I am listed on a trust. The house in trust was sold without my knowledge for 375k. Trustor offed me 75k after the fact.

Looking up probate attorneys, I'm not finding many that fight against an obvious breach of fiduciary duty. Is there a specialized area that I need to search?

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3 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: There is a subset of probate/trust attorneys that take on litigated matters. If the probate attorneys you are contacting do not litigate, many will be able to refer you to someone who does. Whether an attorney will take your matter on a contingency basis is another story. Many more will be willing to work on an hourly basis. It is not obvious from what you have posted here that there was a breach of fiduciary duty. Assuming by "Trustor" you mean trustee, and that you are a beneficiary of the trust, many trusts allow the sale of assets by the trustee, without notice or permission of beneficiaries. Without knowing the details of the trust, your percentage share, and the circumstances of administration, it is not possible to tell whether $75K is a good offer. Good luck in your search.

Nina Whitehurst agrees with this answer

Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: I agree with my colleague Mr. Dorman and would add that search terms you might try are "fiduciary litigation attorney" or "trust litigation attorney".

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: For matters involving a breach of fiduciary duty in the context of a trust, you should search for attorneys who specialize in trust and estate litigation. These attorneys are experienced in handling disputes related to trusts, including cases where beneficiaries believe their rights have been violated. A trust and estate litigation attorney will be well-versed in California law and can help you seek appropriate remedies and protect your interests as a beneficiary of the trust. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

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