4 Instances When You May Need The Services Of A Trust Litigation Lawyer
Trust litigation arises when an estate or trust planning document isn't correctly executed. While most of the cases in this legal matter mainly arise between heirs, the same can happen between trustees and heirs. The disputes arising from such issues can be complex because of the concerns that arise during litigation, which is why you should seek the help of an experienced trust litigation lawyer. Here are some of the instances that may necessitate the services of an attorney.
1. A trust that's considered fraudulent
If you're confident that the trust doesn't reflect the creator's will, consider pursuing legal action. It could be that they were coerced into changing it. So, if your ground for pursuing a lawsuit puts this aspect into question, seek the assistance of a trust litigation attorney. You should know that such accusations may require witness testimonies, and if a lawyer can prove there was fraud or coercion involved, it could result in criminal charges like larceny or fraud.
2. A family member is challenging your trust
Family disputes on inheritance can turn out ugly if not resolved in the proper channels. So, suppose you know a family member or relative has sought legal assistance and is working to diminish your inheritance. In that case, you should seek the help of a trust litigation lawyer.
3. Conflict in interpretation from that of the creator
Some of your family members may try to take advantage of your ailing parents to keep part or all the assets by themselves following their demise. If the deceased left behind a big part of the inheritance and it ends up in possession of someone who isn't a close family member, you are probably suspicious of fraud. In such a case, you must seek the help of a trust litigation attorney to help you evaluate the trust and give advice on whether it's legally binding.
4. You were left out of inheritance due to the creator's mental state
If you were not included in the inheritance because the creator wasn't in the right state of mind to understand the consequences of their decision, consider seeking legal help. Cases of neurological diseases or dementia are grounds to prove the creator wasn't in their right mental state. However, even with the help of a trust litigation lawyer, you'll need medical records and witnesses to support your claims.
If you have any concerns about a trust in which you're a beneficiary, ensure that you contact a trust litigation attorney to help protect your interests.