Any legal dispute can provoke exhaustion and feelings of confusion and upset. When it comes to a dispute involving a trust, there may be a risk of the family unit coming undone. A time like this requires clear thinking and sound decision making; both of which are difficult to achieve. When a dispute is not resolved, it may lapse into a very complicated litigation matter that could be drawn out for many years.
If you or a loved one is involved in a trust dispute, an estate litigation lawyer would like to help you. Lawyers are sensitive to these types of cases and handle them with due diligence and care. They seek to resolve disputes in a timely manner, and without causing any further disruption. For an immediate consultation with an estate litigation lawyer, please call [law firm name].
The Most Common Types of Disputes
There are many ways for a trust dispute to occur; however, a majority arises when an adult child is named as the trustee and practices fraudulent activities or mismanages the trust. When this action occurs, the trustee may be accused of violating his or her fiduciary duties. An estate litigation lawyer can ask the court to remove the trustee from their position, and if possible, file a claim for damages. In addition to this, other types of litigation include:
Undue Influence – This typically occurs when the grantor of the trust is an elder or has a medical condition, such as Alzheimer’s. Undue influence is a broad term that refers to coercion, intimidation, or emotional manipulation that forces, or otherwise, obligates the grantor to draft or change the trust in a way that benefits the influencer.
Unclear Terms – It is possible to challenge a trust because it has been poorly drafted, is unclear, or includes terms that are considered wrong or illegal. Because most trusts are drafted by estate lawyers, this type of dispute is not as common with trusts as it is with a will.
Breach of Fiduciary Duty – The trustee of a trust has many duties, and they must adhere to them. When he or she has failed to do so, and a loss of assets has occurred, they could face legal problems based upon the grounds of a breach of fiduciary duty.
Other Issues that Could Arise:
- Mismanagement of a trust
- Contesting a trust
- Removing a trustee
- Disputing a trust reformation
- Accounting errors
- Fraudulent activity
- Misappropriation of assets
- Third-party disputes
Regardless of what your reason to dispute a trust might be, if you are thinking about pursuing a litigation matter, you will need to have an estate litigation lawyer on your side. Time is of the essence. You must follow the statute of limitations which are often short. Furthermore, the longer you wait, the more you might risk.
An estate litigation lawyer, like an Estate Lawyer in Melbourne, FL, aims to resolve clients’ legal issues throughout court mediation or negotiation. If this is not possible, the firm will be ready to take a litigation case to court.
Thank you to the experts at Arcadier, Biggie & Wood, PLLC for their input into probate law.