When to Consider Hiring a Trust Litigation Attorney
Trust and estate planning is a complicated and oftentimes messy process. Families often hire lawyers to sort through the complicated language.
However, sometimes there's a conflict of interest or another issue that leads to a civil lawsuit. This is where a trust litigation attorney comes in.
In this article, we'll be outlining what a trust litigation attorney does and when you should look for a trust litigation lawyer during the estate process.
What is a Trust Litigation Attorney?
Before we get into what a trust litigation attorney, let's get a little more into the basics: what is trust litigation?
A trust is a legal mechanism that's meant to hold assets for beneficiaries. They're controlled by a trustee.
Whenever there's an issue with the trust or the trustee, a civil lawsuit can be filed in Probate Court. This is what's called trust litigation.
This is also where trust litigation attorneys come in. Whether it's about a breach of fiduciary duty, removing a trustee, or settling disputes, trust litigation lawyers can help you sort the situation out.
Let's now look at when you should look to hire a trust litigation attorney.
When to Hire a Trust Litigation Attorney
The best trust litigation attorneys are ones that have broad knowledge bases on estate planning, probate law, and trusts. This is because trust disputes can get complicated and involve intertwined legal actions.
The following are instances where you should look to hire a trust litigation attorney:
While this isn't that common, there are instances where family members forge signatures to get a piece of the trust.
Forgery is a crime and carries legal ramifications. While it may sound far-fetched, but a trust litigation attorney is needed when an issue like this arises.
Breach of Trust by Fiduciary
An executor or trustee might mismanage funds, fail to communicate, or have a general conflict of interest. In these cases, a trust litigation lawyer can protect the trust.
They can also enforce faithful execution. Missing funds can also be recovered, and a trustee could even be removed.
Fraud, Coercion, or Undue Influence
It's illegal to force someone to sign estate planning documents. If you think someone manipulated the trust process to leave you out of any assets, a trust litigation lawyer can help.
They can help you prove illegal practices in court while proving your side of the case.
An Heir Challenging the Trust
Family members often challenge one another for your family estate. If someone in your family is trying to challenge the trust with an attorney, many people get experienced trust lawyers of their own.
They can build your case to make sure you get the right amount of inheritance.
Leverage Trust Litigation Attorneys Today
Trust and estate litigation can get tricky without a trust litigation attorney. Use this article to know exactly when to contact an attorney and ensure that you'll never be wrongfully cut out of your family estate.
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