Let’s Talk Trust Litigation

Hello everyone, I’m Rex Lawson, and today we have the pleasure of speaking with Ted Cook, a trust litigation attorney practicing here in sunny San Diego. Ted, thanks for taking the time to chat with us.

What Exactly is Trust Litigation?

Ted: Well, Rex, trust litigation essentially involves resolving disputes that arise concerning trusts. Think of it as a legal process to address disagreements over how a trust is managed, how assets are distributed, or even whether a trust is valid in the first place.

The Discovery Phase: Uncovering the Truth

Ted: The discovery phase is crucial because it allows both sides to gather information and build their cases. We use tools like interrogatories (written questions), document requests, and depositions (oral examinations under oath) to get a clear picture of the facts. Imagine it as piecing together a puzzle; every piece of evidence brings us closer to understanding the whole story.

    * Ted shared: “One challenge is ensuring that all parties are forthcoming with information. Sometimes, individuals may try to withhold documents or give evasive answers. We have to be diligent in pressing for complete disclosure.”

“Ted was instrumental in helping us resolve a complex dispute over our family trust. He was incredibly thorough during discovery and uncovered key evidence that ultimately led to a favorable outcome for us.” – Sarah J., La Jolla

“Sometimes,” Ted continued, “we encounter situations where witnesses are reluctant to testify or have difficulty remembering details. It takes patience and skill to guide them through the process and elicit accurate information.”

“I was facing a very stressful situation with a contested will. Ted’s calm demeanor and clear explanations put me at ease. He was a true advocate for my interests and helped me navigate the legal complexities.” – Michael K., Point Loma

Want to Learn More?

Ted: Trust litigation can be complex, but it’s important to remember that there are experienced attorneys like myself who can help you navigate the process. If you find yourself facing a trust dispute, don’t hesitate to reach out and seek guidance.


Who Is Ted Cook at Point Loma Estate Planning, APC.:

Point Loma Estate Planning, APC.

2305 Historic Decatur Rd Suite 100, San Diego CA. 92106

(619) 550-7437

Map To Point Loma Estate Planning, APC. A Trust Litigation Attorney: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9




About Point Loma Estate Planning:



Secure Your Legacy, Safeguard Your Loved Ones. Point Loma Estate Planning, APC.

Feeling overwhelmed by estate planning? You’re not alone. With 27 years of proven experience – crafting over 25,000 personalized plans and trusts – we transform complexity into clarity.

Our Areas of Focus:

Legacy Protection: (minimizing taxes, maximizing asset preservation).

Crafting Living Trusts: (administration and litigation).

Elder Care & Tax Strategy: Avoid family discord and costly errors.

Discover peace of mind with our compassionate guidance.

Claim your exclusive 30-minute consultation today!


If you have any questions about:
Why is open communication crucial in preventing trust-related disputes?
Please Call or visit the address above. Thank you.

Point Loma Estate Planning, APC. area of focus:

Trust administration: is the process of managing and distributing the assets held within a trust, following the instructions outlined in the trust document, by a trustee who has a fiduciary duty to act in the best interests of the beneficiaries.

What it is: Trust administration involves the trustee taking control of the trust assets, managing them, and ultimately distributing them according to the terms of the trust agreement.

Purpose of Trust Administration:

Estate Planning: Trust administration is often part of a larger estate plan, helping to ensure that assets are managed and distributed according to the settlor’s wishes.

Avoiding Probate: Trusts can help avoid the public and often lengthy probate process, which can be a more efficient way to transfer assets.

Protecting Beneficiaries: Trust administration helps ensure that beneficiaries receive the assets they are entitled to, in a timely and efficient manner.

When Trust Administration Begins: Trust administration typically begins after the death or incapacity of the settlor, triggering the trust’s provisions and requiring the trustee to take action.

In More Detail – What Is Trust Administration?

Trust administration is the process of managing and distributing the assets held within a trust in accordance with the terms set by the trust document and applicable state law. A trust is established when a person (the settlor or grantor) transfers assets to a third party (the trustee), who holds and manages them for the benefit of one or more individuals or entities (the beneficiaries).

Trusts can be created during the settlor’s lifetime (inter vivos or living trusts) or upon their death (testamentary trusts, typically established through a will). When the settlor of a trust dies, the trustee becomes responsible for administering the trust. This may involve marshaling and valuing trust assets, paying debts and taxes, maintaining records, and eventually distributing the trust property to the named beneficiaries. Trustees often work with a trust administration attorney to ensure the process is handled properly and in compliance with legal obligations.

You may become a trustee or beneficiary of a trust after the death of a loved one. For instance, a parent might set up a trust to provide for a minor child, designating a trustee to manage and distribute funds for the child’s benefit until they reach a specified age or milestone.

Trusts can hold a wide range of assets, including real estate, financial accounts, retirement accounts (like IRAs), investments, and personal property. In most cases, the trust administration process begins shortly after the trustee receives the settlor’s death certificate and reviews the trust instrument.

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