When a court appeal is made to the legality or operation of a trust or estate planning contract, it is called litigation. Disputes between heirs are common, but they may also occur between heirs and the executor or trustee.
Disputes of this kind are notoriously difficult to resolve. They often necessitate several distinct but intertwined legal acts. Since there are so many questions that may emerge through trial, it’s essential to find a solicitor with a broad understanding of estate planning, trusts, and probate law.
The below are few good reasons to hire a trust litigation attorney.
#1 The person who established the trust did so without legal authority.
This could call into question the document’s absolute authenticity. A person’s mental capacity to perform a trust arrangement is closely linked to this. To prevail in court, a case founded on arguing the executor’s state of mind demands sufficient evidence.
#2 The trust’s developer was forced to create it.
An individual forming a trust may have been persuaded to allocate assets unusually due to unfair influence, robbing the creator of the free will needed to guarantee the document’s validity. This may be considered financial elder exploitation in some circumstances.
#3 Forgery of documents.
Any certificates are blatantly fabricated, increasing the risk of a civil and a criminal challenge. Signatures are often forged. It can seem far-fetched, but never underestimate the lengths to which some people would go for money. Forgery, as the scenarios above, is a felony with legal consequences.
#4 Fiduciary obligations have been breached.
Legal counsel may help safeguard the trust and ensure its faithful execution if the executor or trustee fails to consult on time, mismanages funds, self-deals, commingles money, engages in dubious accounting procedures, or has a conflict of interest. Breach of trust has different laws and consequences depending on the state. At the very least, the person should be excluded from the situation. They will be found liable in cases of lost money.
#5 Problems occur with a person’s emotional state.
Often individuals are left out of an inheritance because the testator (or the practitioner who created the trust) lacks the “testamentary ability” to comprehend the consequences of their actions. Dementia, other mental or memory-related disorders, and intoxication may also be used to question a person’s testamentary ability. Witnesses and medical reports are needed in these cases.
#6 Another heir is challenging the trust.
Family feuds over inheritances can be nasty. If you hear that a family member has hired a trust administration attorney and plans to contest a trust or file a lawsuit that might jeopardize your inheritance, you should consider hiring one as well. The best case wins in court. You’ll find someone who looks out for your best interests.
One or both parties could become motivated to reach an agreement until litigation costs outweigh any anticipated benefits. A wise lawyer considers the cost-benefit analysis of both your and your opponent’s cases. They will assist you in determining whether or not it is time to consider a settlement.