In view of the current COVID-19 epidemic affecting our county and the “Shelter-in-Place-at-Home” orders issued by Santa Clara County and the State of California, we urge all clients to stay at home whenever possible and to maintain social distancing when out of the home. Protecting our clients and their legacies remains our most important focus. We will continue to provide services to clients and to new clients, while we practice social distancing and maintain safety measures in compliance with these governmental orders. If you are concerned about your estate plan or other legal issue, we encourage you to contact us by phone or email to discuss your situation. Videoconferencing may also be an option for meetings where in-person meetings are not permitted. Please stay safe and stay healthy.
 

Providing Peace Of Mind, Preserving Your Legacy

Providing Peace Of Mind, Preserving Your Legacy

Fighting To Make Things Right

Disputes frequently arise after someone dies, and there may be litigation involving whether the estate plan is valid, whether someone took advantage of the decedent, and what was intended by the estate plan documents where the documents were poorly drafted.

The Law Office of Thomas E. Rossmeissl is here for you when issues arise. As an estate litigation attorney, Mr. Rossmeissl advocates for individuals when estate and trust administration issues arise.

Common Causes For Trust Litigation

Trusts involve the distribution of assets after a death and often disagreements arise. Many factors can contribute to a dispute and the need for legal intervention, but some common causes for the litigation of a trust include:

  • Changes that were made shortly before death, or made in secret, benefitting one beneficiary over another
  • Circumstances where the validity of the trust can be questioned, such as diminished capacity of the person creating the trust, undue influence exercised over him or her by others, or outright forgery of the person’s signature
  • Ambiguous provisions in a trust leading to varying interpretations of the language used
  • Misappropriation of trust assets by a caregiver, trustee or beneficiary
  • Mismanagement of a trust by a trustee
  • A trustee’s failure to comply with the terms of the trust

If you are the trustee of a trust or the beneficiary of a trust, Mr. Rossmeissl can answer your questions and fight on your behalf.

Common Causes For Estate Litigation

Estate litigation can happen even when the decedent planned thoroughly. When an estate is administered, there are plenty of opportunities for complications — whether it be due to the complaints of a beneficiary, administrator or creditor. Two common reasons for estate litigation include:

  1. Creditor disputes brought by persons who contend that the decedent owed them money
  2. Will contests where someone challenges the validity of a will, claiming that the document was forged, or was procured through undue influence, or was obtained when the person no longer had capacity

If you have questions about the validity of a will or a creditor’s claims, you can act. As your estate litigation lawyer, Mr. Rossmeissl will answer your questions and create a plan of action to address your concerns.

Seeking Positive Resolutions During Difficult Times

Mr. Rossmeissl represents fiduciaries and beneficiaries in trust- and estate-related disputes, advocating to ensure that the trust and law are properly followed and that the beneficiaries receive all that they are entitled to receive. He is skilled in recognizing where disputes can and should be resolved through cooperation, compromise or mediation. Throughout his years of experience, he has successfully resolved many difficult and heated disputes through mediation and settlement, and he has also successfully taken disputes through trial and appeal.

If you have a concern about a trust or loved one’s estate, contact the Law Office of Thomas E. Rossmeissl by filling out the online form or calling 408-883-3197. Located in Los Gatos, Mr. Rossmeissl proudly serves California residents throughout all surrounding areas.