Los Angeles Trust and Probate Litigation Attorney

Frequently Asked Questions:

Kerendian & Associates, Inc., an experienced trust and probate litigation firm in Los Angeles, California, has frequently been asked these questions.  If you have other questions or need help, contact a Los Angeles trust and probate litigation attorney.

• What is a Trust?

It is an interest in property held by one person for the benefit of another.  For example, a father may want to ensure that his son's basic needs are provided for after his death but is worried that his son may be a spendthrift.  So he takes the money he wants to use to help the son and turns it over to a responsible person called the trustee.  The money is called the trust fund.  He gives the trustee specific instructions on how he may pay out money from the trust fund to the son.

• I am the beneficiary of a trust.  If I do not like the way the trustee is managing my trust, is there anything I can do?

Yes! If the trustee is not doing his job properly, you may challenge his actions in court.  For example, if he is disregarding the instructions of the trust document, you may contest his actions.  Likewise you may take him to court if he has commingled the trust money with his own or has risked it in dangerous investments. If the trustee ignores your request for information or accounting, the court can force him to provide that information to you.

• What is Probate?

Probate is a court action where the court supervises of the administration of an estate and the distribution of assets pursuant to the deceased's instructions. If the deceased person dies with or without a will, probate is necessary. If the decedent drafted a trust, however, the trustee is given the power to administer the assets and distribute the assets to the beneficiaries without probate and the need for court supervision.

• I am unhappy with contents of a will.  What can I do?

You should contact a probate attorney.  The will may be invalid for various reasons.  For instance, it may not have been done in the correct manner or the decedent may have been of unsound mind.  He might also have been under undue influence from another.   Importantly, if you are the decedent's spouse, you have certain rights which may not be set aside.

Contact the Los Angeles trust and probate litigation attorney with other questions or for assistance.