For many people with a moderately-sized estate, a trust will be the best way to pass on assets, property, and financial wealth to a beneficiary. Although a trust tends to offer a decreased risk of a dispute, there is always the possibility of that occurring. If you or a family member is disputing over a trust, it is important that you speak with a knowledgeable trust and estate litigation lawyer, like a trust and estate litigation lawyer in Sacramento, CA.
A trust litigation lawyer will work closely with each client to carefully review their matter and develop a strategic case that assists in getting their desired outcome. In the matter of a trust dispute, time is of the essence. Even if you lack hard proof or evidence, if you feel that something isn’t right, it may be worthwhile to find out what a trust litigation lawyer has to say.
What is a Trust?
A trust is akin to a legal entity that holds assets for the benefit of a person, also known as an heir. Trusts come in many shapes and forms. Some of the most popular trusts include irrevocable trusts, living trusts, special needs trusts, pet trusts, gun trusts, and charitable trusts. It is prudent that a trust be set up correctly, which is why a trust litigation lawyer will almost certainly be needed to draft the initial document. The appropriate trust will largely depend on the client’s goals. If you have not yet created a trust but are planning to, an estate planning lawyer can help you make the right choices in regards to which is best for your situation. Because trusts generally avoid the probate process, any named beneficiaries can take control of their assets quickly. Other benefits of a trust include a level of confidentiality and privacy that a will does not offer.
Understanding Trust Litigation
Like a will, a trust needs to be managed by a trustee. The process of doing so should be strictly followed under the state’s laws, and before the beneficiaries can access their assets. Often, litigation will arise immediately before administering a trust begins, but can also occur during or after its’ administration.
A dispute can occur for many reasons, and in some cases is brought forth by a beneficiary. For example, the beneficiary might feel they are owed more; thus, they have sought a trust litigation lawyer for assistance. In other cases, the party who funded the trust files a litigation case to rectify some kind of wrong which they believe is happening. Third parties who believe they are entitled to a percentage of the trust but were not named, as well as creditors, can also pursue a trust litigation matter.
How An Attorney Can Help
When you choose a skilled attorney, you can feel confident in knowing:
- He or she will handle all sides of a trust or estate dispute.
- He or she will provide high-quality legal advocacy to trustees, beneficiaries, and settlers.
- He or she understands how to navigate the intricate laws pertaining to trust and estate matters.
If you have an interest in a trust and you believe your rights and interests have been hindered or at risk of future harm, you should not delay in consulting a trust litigation lawyer.
Thanks to Yee Law Group, PC for their insight into trust litigation and how important it is to hire an experienced attorney.
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