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Why Do I Need a Trust Litigation Attorney?

Published on August 7th, 2019

Estate Planning Lawyer

Trust litigation can be a highly emotional process, especially when family members are disputing their legacy. Plus, in the later years of a loved ones’ life, they may be the target of fraud, manipulation, or abuse by an unscrupulous relative or stranger. These family issues can be challenging to navigate, especially when you factor grief into the mix. You’ll want to look to an attorney you can trust to get you the best results possible, one who has successfully litigated numerous trust matters and achieved favorable outcomes for their clients. 

If you run into any issues or roadblocks during the trust administration process, or the actions of a beneficiary or trustee are questionable, you might need a trust litigation lawyer. Whenever you face serious issues such as trust disputes or the potential violations of duties, you should make sure your best interests are represented.

Why Hire a Trust Litigation Attorney?

A trust litigation lawyer may be necessary if:

  • Interpretation issues exist
  • The trust was not set up properly
  • The trustee is not fulfilling their duties and responsibilities
  • It is necessary to remove a trustee 
  • The validity of trust is in question
  • The validity of an amendment is in question
  • Elder abuse occurred
  • Undue influence was applied 
  • There are disputed claims for or against the trust
  • The trust is in need of interpretation
  • The grantor of the trust lacked the requisite mental capacity
  • Disputes exist between beneficiaries
  • A trustee misappropriated funds (i.e.,risky investment, theft, etc.)
  • The accounting of the trust is contested

Sorting Out the Details and Bringing Clarity

There are numerous ways to challenge a deceased person’s trust. A trust can be contested by a trustee, executor, or the guardian of a disabled individual’s estate. A trust litigation attorney can help you in the defense or prosecution of claims involving trust law, including:

  • Complaints against a trustee: A lawyer may be able to pursue a claim which holds a trustee accountable on the grounds of breach of trust or abuse of power.
  • Trust contest: A lawyer can contest a trust if you feel the provisions have deprived you of what you rightfully deserve. Challenging a trust is particularly useful in the event of manipulation, undue influence, or elder abuse exhibited over the decedent before death. Or, taking action through a trust contest may be necessary if there is incapacity of a trustee or the party making the trust.
  • Third-party lawsuits filed against the trust estate, such as personal injury or unsettled debt, may need to be handled by a qualified trust attorney.

Trusts have gained increasing popularity as estate planning and administration tools. Consequently, many estate disputes turn into trust disputes and require the assistance of a knowledgeable litigation attorney who understands the ins and outs of trusts and trust law. 

Trust disputes can be emotionally taxing on a family. If you think your loved one’s final intentions are not being honored fully, or if a breach of fiduciary duty has occurred, a trust litigation lawyer can help you with legal solutions that meet your needs and resolve problems. Contact living trust lawyers in Phoenix, Arizona for more information or to schedule a consultation.

 

Thanks to Kamper Estrada, LLP for their insight into estate planning and why you need a trust lawyer.

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