The main intention of a trust is to create a document that lists how distribution of property, assets and treasures are to be passed on to surviving loved ones. A trust lets the person decide which of their items goes to whom, and how their remaining monetary assets are to be divided. Unfortunately, despite the best of efforts, issues with the trust can happen, resulting in the need for trust litigation. When this occurs, it can help to have a trust litigation lawyer guide you through this very complicated and emotional proceeding.
Why Trust Litigation May Be Needed
There may be a need for trust litigation if the person who established the trust did not truly have the legal ability to do so. During the trust litigation process, the legitimacy of the trust is evaluated. Trust litigation may also be required if there was a chance that coercion or persuasion by another person was a factor, which hindered the person making decisions based on his or her own free choice.
How Trust Litigation Becomes a Complex Issue
During trust litigation, it is not uncommon for many petitions or complaints to be needed before the process occurs. An attorney can help you decide if any of your complaints should be filed. Examples of petitions that can be submitted from beneficiaries or loved ones include the following:
- Elder Abuse
- Undue Influence Claims
- Creditor’s Claims
- Capacity Issues
- Probate
Hiring a Trust Litigation Attorney
Trust litigation is not a process you want to go through alone, without representation. Your issue may require more than what the average estate planning attorney can provide. Your chosen attorney should have experience in laws that govern trusts, probate and litigation procedures.
When Trustees File a Claim
A trustee is viewed as a fiduciary, and has the legal responsibility to protect all assets, property and belongings that are listed in the person’s trust. The trustee must oversee the trust and confirm there is compliance of the terms listed. An attorney can also be appointed as the trustee. Many people choose this route when they feel their attorney has their best of intentions at heart. If there were unlawful influences that interfered with the person creating a trust which reflected their true wishes, the trust may have to go through trust litigation. Examples of these influences can include if someone abused the person financially and pressured them into certain statements in the trust, or if the person was of senior age and may not have been competent at the time.
During this frustrating and potentially agonizing time, it is best to consult with a trust litigation attorney for advice. We understand the importance of making sure your loved one’s wishes are carried out how they truly would have wished.