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When Trusts Require Litigation

Trusts have been an integral part of the estate planning process for a long time, especially due to the fact that they perform certain functions that wills simply cannot. The majority of individuals with a substantial amount of assets have turned towards the trust instrument as an important component of their estate plan or in place of a will. With a trust, another person or entity (trustee) manages the trust assets of the trustor (trust-maker). Trusts can be created during someone's lifetime; these are known as a living trust or a revocable trust. Often times the trustor manages the trust during his or her lifetime and when they die, the successor trustee takes over and manages the trust assets for the benefit of the beneficiaries.

Much like a will, a trust is open to question and mismanagement. The validity of the trust and virtually any aspect of the trustee's performance can be questioned by the beneficiaries. At the Law Offices of Timothy D. Henry, I frequently represent trustees and beneficiaries in trust litigation matters. My office is located in San Jose and I represent clients all throughout the Greater San Jose area. I represent clients in various types of trust actions including:

  • Beneficiary claims
  • Trust contests
  • Breach of fiduciary duty
  • Mismanagement of trust assets
  • Mismanagement of investments
  • Validity of trusts (undue influence, fraud, lack of mental capacity, duress)

As a San Jose trust litigation attorney, I represent beneficiaries, trustees, educational institutions, charitable organizations and others in a diverse range of actions pertaining to trust litigation. Whether you are a beneficiary who has a dispute with how a trustee has invested funds, or how they have appropriated trust assets, or if you are a trustee who is facing a legal battle with a beneficiary, I represent individuals in a broad range of complex-litigation matters, including claims of trust mismanagement and those involving accounting disputes.

If you hold an interest in a trust as a trustee or a beneficiary and are facing the prospect of litigation, I encourage you to contact my firm immediately to schedule a free consultation.

Contact my office at (408) 643-0942 for further assistance.