Best Probate Attorneys in Orange, CA

"Can payment come out of the trust? The main obstacle for beneficiaries is the cost to enforce their rights. When a letter from an attorney doesn’t motivate a trustee to perform their duties, a beneficiary is forced to file a Petition in the Probate Court. The matter then proceeds like any other civil litigation matter, with parties completing written discovery, taking depositions, writing motions, attending hearings, and ultimately having a trial. A trustee can use trust funds to defend themselves, although they may have to repay it if they are found to have breached their duty. But a beneficiary must pay their attorney themselves. Trust litigation is generally not the type of case that can be taken on contingency. If a beneficiary is victorious at trial it is likely that the Court will order a Trustee to pay the beneficiary’s attorney’s fees. That benefit makes it absolutely worth while for a beneficiary to pursue their rights."...