Trust Litigation refers to the legal process of dealing with conflicts of trust and states. Trust Litigation cases cover a wide variety of matters like disputed guardianships, will ambiguities (and false claims), allegations of fraudulence, estate issues, forgeries, and breaches of trust. A trust litigation lawyer closely studies the case before him and takes a strategic approach as he argues the case. Your lawyer will consider all regulations regarding real estate, bankruptcy, and plaintiff security while placing his arguments before the court. He will use his extensive experience in handling trust litigation cases and ensuring that you see fruitful results.
Causes of Trust Litigation
Since trusts typically involve a considerable amount of money, one can expect that family disputes can arise regarding the will and ownership of properties. General causes of trust litigation include:
- The trust is marred by fraudulence
In a family business, properties are passed down from one generation to another, strictly as per the owner’s will. A trust can become disputed if there’s any doubt about whether it is according to the owner’s wishes. In this case, a trust litigation attorney can help you sustain your trust (if family members are challenging its legality) by providing you proper legal representation.
- Multiple trustees are unable to reach a middle ground
A trust with multiple trustees can cause a lot of disagreements to occur. If you cannot reach any middle ground, it may be best to contact a lawyer. A litigation lawyer can help clear doubts and uncertainties and help reach a consensus in agreement with laws.
Reasons to Hire a Trust Litigation Attorney
As mentioned earlier, the need to hire a trust litigation attorney becomes imperative when family members challenge the will’s authenticity. Usually, in trusts that involve the transfer of money/properties through legal wills to heirs, disputes in the family can occur. Hence, a litigation lawyer can help solve the following issues:
1. The owner of the trust documented the trust illegally
In some cases, the owner who writes the trust does not follow legal procedures. And hence, the legality of the trust is questioned. For instance, the owner can be ill or not mentally stable when the will was written. A legal attorney can approach this matter carefully under legal jurisdiction and guide you on what your next steps should be.
2. The owner of the trust was coerced into writing the will
It does not come as a surprise that some wills are written under coercion. In specific scenarios, this is elder abuse, and the person responsible for forced pressure can face a penalty.
- The trust is forged
Sometimes, people question the trust’s legality because the statements made seem entirely out of the blue. It raises questions as to whether the trust is forged. In this situation, hiring a litigation attorney would be your best course of action. This case would involve a lot of investigation, and having a personal lawyer to represent your interests can make things easier to handle.
Trust litigation is usually complex and involves many legal actions before the case is resolved. It will do you great help if you contact a well-experienced litigation attorney who is reliable and has dealt with many such matters in the past.
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