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2502 Stevens Creek Boulevard, San Jose, CA 95128
140 Town and Country Drive, Suite A, Danville, CA 94526

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408-290-7210

Trusts, Estate & Probate Litigation

Even the best estate plans and trusts 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 like the ones at Temmerman, Cilley & Kohlmann, LLP, serving Fremont, Walnut Creek, Danville, Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, San Francisco, and other counties.

Resolving Trust, Estate, and Probate Disputes Through Skillful Litigation

In an estate or trust dispute, the rights to receive significant amounts of property may be at stake. If you are involved in an estate or trust dispute, a qualified trust attorney in Pleasonton can ensure your interests are fully represented. At Temmerman, Cilley & Kohlmann, LLP, our trust attorneys in San Jose are well-versed in the laws governing estates and trusts in California and are also experienced litigators who know the special issues presented in trust litigation and how to aggressively advocate for our clients. We handle a broad range of trust and estate litigation matters, as well as probate litigation:

  • Trust disputes
  • Will contests
  • Disputed conservatorships
  • Actions by a trustee
  • Fiduciary representation
  • Beneficiary representation
  • Allegations against a trustee for breach of trust or breach of fiduciary duty
  • Challenges to the validity or interpretation of one or more estate planning documents
  • Elder abuse allegations against a beneficiary or trustee
  • Donative transfer statute disputes
  • Trust and/or conservatorship accounting disputes
  • Removal and/or replacement of a trustee
  • Appointment of a private professional fiduciary or corporate trustee
  • Compensation of a fiduciary
  • Duties of an attorney-in-fact or agent
  • Beneficiary rights under a decedent’s existing or intended estate plan
  • Discovery disputes
  • Avoidance of an anticipated dispute via facilitation of an open, but controlled dialogue among the parties
  • Any other trusts and estates-related issue or dispute

Trust Litigation

A trustee is designated to handle trust assets for the benefit of the beneficiaries of the trust. The trustee has a legal 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. Our San Jose trust lawyers can help ensure a trustee meets these duties.

When a trustee fails to fulfill their duties, it often falls to the beneficiaries to correct the situation. An experienced trust attorney in San Jose helps beneficiaries determine which of the many available remedies — including injunctions, receiverships, or removal of the trustee — is best for their situation. Our Pleasanton and San Jose trust attorneys 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 trust lawyers 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 — preferably with the help of a trust attorney in San Jose — to modify or end the trust.

While some of these issues may 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, an experienced lawyer helps beneficiaries, settlors, and trustees resolve trust disputes in or out of court. At Temmerman, Cilley & Kohlmann, LLP, our trust attorneys offer litigation services as well as alternative dispute resolution counseling.

Contact a successful estate and trust law firm in San Jose for dispute resolution

The San Jose estate litigation attorneys of Temmerman, Cilley & Kohlmann, LLP have experience representing beneficiaries, settlors, trustees, and third parties throughout Northern California during trust disputes and litigation. Our attorneys are available to consult with clients at our offices — located at 2502 Stevens Creek Boulevard, San Jose, CA 95128 and 7041 Koll Center Parkway, Suite 250, Pleasanton, CA 94566 — or at any other convenient location. Call our San Jose office at (408) 998-9500 or our Pleasanton office at 925-529-3999 or contact Temmerman, Cilley & Kohlmann, LLP online today.

– See more at: http://tcklawfirm.com/practice-areas/trust-estate/#sthash.twnyfwzu.dpuf