San Jose Trust Attorneys

Even the best trusts and estate plans have the potential to create disputes. And those disputes may necessitate litigation. When such disputes arise, it is crucial that beneficiaries and other interested parties seek counsel from an experienced San Jose trust attorney.

In an estate or trust dispute, the rights to receive significant amounts of property can be at stake. If you are involved in an estate or trust dispute, a qualified trust attorney in San Jose can ensure your interests are fully represented. At Temmerman, Cilley & Kohlmann, our trust attorneys in San Jose are not only well-versed in the laws governing estates and trusts in California, they are also experienced litigators who know the special issues presented in trust litigation and how to aggressively advocate for their clients.

Trust litigation

A trustee is designated to handle trust assets for the benefit of the beneficiaries of the trust. That trustee has a duty to exercise due care and make decisions in the best interests of the beneficiaries. Trustees must also invest trust assets in accordance with California’s Uniform Prudent Investor Act and within the parameters established in the trust instrument itself.

But when a trustee fails to fulfill those duties, it often falls to the beneficiaries to correct the situation. An experienced trust attorney in San Jose can help beneficiaries determine which of the many available remedies—including injunctions, receiverships, or removal of the trustee—is best for their situation. San Jose trust attorneys can also help beneficiaries recover trust property lost due to a breach of duty by the trustee.

Beneficiaries may also have to litigate to change the provisions of the trust itself. Knowledgeable San Jose trust attorneys attempt to address every possible eventuality when drafting a trust instrument. Despite this, events may occur that the creator of a trust never anticipated. When this happens, beneficiaries must petition the court—with the help of a trust attorney in San Jose—to modify or end the trust.

While some of these issues can be resolved outside of court, intervention from the court is often required. This is especially true if the trust involved is irrevocable or the creator of the trust has died. In either case, experienced San Jose trust lawyers can help beneficiaries, settlors, and trustees resolve trust disputes in or out of court. At Temmerman, Cilley & Kohlmann, our San Jose trust attorneys offer litigation services as well as alternative dispute resolution.

Experienced estate and trust law firm in Southern California

The San Jose estate planning attorneys of Temmerman, Cilley & Kohlmann, LLP have experience representing beneficiaries, settlors, trustees, and third parties throughout central California during trust disputes and litigation. Our attorneys are available to consult with clients at our offices—located at 2502 Stevens Creek Blvd., San Jose, California 95128—or at any other convenient location. Contact our office by phone at 925-529-3999 or contact Temmerman, Cilley & Kohlmann online. today.