Powell Roberts, Inc., has expanded its practice to include estate litigation.
The firm’s founders, Mark Powell and Tracy Roberts, are both certified as specialists in Estate Planning, Trust and Probate Law by the California State Bar Board of Legal Specialization. “As planners, we work tirelessly to reduce the potential for conflict after a client’s death. Because of our strong technical backgrounds as planners, we can spot likely conflicts early on and work to lessen tensions. Unfortunately, though, some conflicts cannot be avoided. By adding estate litigation as a practice area, we bring our decades of experience to help find the most efficient resolutions when conflicts arise.”
Estate litigation can be the best way for a beneficiary to protect his or her interests in an estate. It can be as simple as helping a beneficiary obtain information he or she is entitled to under state law. For example, California trustees are required to keep all beneficiaries informed of the financial status of a trust. “Our probate code requires that a trustee give beneficiaries detailed reports about the cash flow of a trust,” explains Roberts. “When a trustee refuses to give the required accounting information, beneficiaries can ask the court to order the trustee to account. Lack of meaningful communication between a trustee and a beneficiary is the primary reason a family ends up in court.”
Poor communication can also be a sign of something much worse. Powell says, “Instances of financial elder abuse are on the rise, and a trustee or agent who refuses to provide information voluntarily may be hiding inappropriate expenditures or distributions.” Litigation concerning the actions of a trustee, the validity of a document or the capacity of the person who signed it can be extremely complex.
Powell Roberts’ 40 years of combined estate planning experience makes the firm uniquely qualified to help clients through the process of administering a trust or estate, whether as a trustee or as a beneficiary. Because of its expertise in these areas, the firm has quickly developed a trusted reputation in representing clients in estate litigation in the Orange County area.
About Powell Roberts, Inc. Powell Roberts, Inc., provides advanced trust, probate, and estate planning advice for Orange County, Ca residents. The firm’s practice includes estate planning, charitable planning, non-profit formation and governance, estate administration, and estate litigation. For more information, please visit our website.