Trust & Probate Litigation
When your loved one can no longer make decisions for themselves, our team at McLellan Law Group, LLP can help you seek a conservatorship to ensure their health, safety, and financial well-being are protected.
Whether it’s managing medical care, living arrangements, or safeguarding their assets, we provide compassionate guidance through every step of the process.
Unfortunately, after the death of a loved one, siblings, relatives, or others may challenge how the assets should be divided. These cases are emotional, particularly where one child uses the death of a parent to claim that other relatives have engaged in bad acts towards the parent.
Our attorneys have experience handling these cases, even going to trial to protect our clients’ interests.
We know that these cases can be emotionally taxing, and we will work tirelessly to resolve them as quickly and painlessly as possible. We understand the importance of protecting your assets and your family, and we will do everything we can to ensure that your rights are fully protected.
We also understand the sensitive nature of these disputes, and we are committed to handling each case with the utmost care and discretion.
Probate is the legal process of administering a deceased person's estate, ensuring debts are paid and assets are distributed according to their will or state law. In California, probate involves validating the will, appointing an executor, and inventorying the estate's assets. This process can include paying outstanding debts and taxes before distributing the remaining assets to beneficiaries. Probate can be time-consuming and costly, depending on the estate's complexity. Understanding probate is crucial for effective estate planning and protecting your assets.
A trust is a legal arrangement where one party, known as the trustee, holds and manages assets on behalf of another party, called the beneficiary. Trusts are used to control how and when assets are distributed, often providing tax benefits and avoiding probate. In California, trusts can be revocable or irrevocable, depending on whether they can be altered after creation. Trusts are commonly used in estate planning to protect assets and ensure they are distributed according to the grantor's wishes. Understanding trusts can help in creating a comprehensive estate plan.
A trustee is an individual or entity appointed to manage and administer the assets held in a trust on behalf of the beneficiaries. The trustee has a fiduciary duty to act in the best interests of the beneficiaries, ensuring the trust's terms are followed. In California, a trustee's responsibilities include managing investments, distributing assets, and maintaining accurate records. Trustees must act with loyalty, care, and impartiality to fulfill their legal obligations. Understanding the role of a trustee is essential for effective trust administration and estate planning.
A trustee's fiduciary duties include acting in the best interests of the trust beneficiaries with loyalty, care, and impartiality. Trustees must manage trust assets prudently, avoid conflicts of interest, and ensure transparency by keeping accurate records and providing regular reports to beneficiaries. In California, these duties also require the trustee to follow the terms of the trust document and comply with relevant laws. Breach of fiduciary duty can lead to legal consequences and financial liability.
I recommend Attorney Claire Melehani, whose efforts were immediate, determined, analytical, well considered, and constant. Throughout her personal and team efforts, Claire worked hard to build a strong, strategic, and effective case to ensure a positive resolution to an unfolding disruptive and stressful situation. Much appreciation and gratitude.
- Anonymous
We worked with Claire and Steven on a living trust issue that we had, and were very impressed with their professionalism and patience in handling everything. Claire was highly recommended from another firm we had reached out to, and we certainly understand why. The situation we were dealing with was complicated, but both Claire and Steven were quick to get all the facts and wonderful in helping us get a clear game plan figured out. It is reassuring to know that we can always reach out to them for additional help if needed.
- Wendy
Steven’s legal expertise and sophistication were tremendous in resolving key issues in my case. Most important of all, Steven’s ability to bring my case to settlement with eloquent presentation while keeping my focus on the bigger picture was most impressive to me. If ever needed, I would hire Steven for his services in a heartbeat.
- Benjamin
Serving California companies, individuals, and trusts in civil litigation, alternative dispute resolution, and asset protection.
20665 4th Street, Unit 202
Saratoga, CA 95070
(650) 383-1266
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