Family Dispute? A Family Trust Litigator Can Help Solve Your Problems

 

Family disputes are complex matters that require a disciplined approach so that every person involved ends up being a winner. However, dealing with such matters alone can be very difficult. Seeking the help of family trust litigators near me can provide several benefits in this regard. From helping you fully comprehend the disputed opinions to navigate towards a win-win situation, a family dispute lawyer is perhaps all you need.”

 

 

Trust litigators near me can help resolve family trust disputes.

Trust litigators near me can help resolve family trust disputes.

 

Setting up a family trust is one of the most thoughtful decisions in a person’s life. Its main goal is to derive objectives and their encompassing benefits to ascertain financial protection for a person and his/her family or future generations.

However, this requires a peaceful and organized distribution or passing down of wealth, between family members or from one generation to another as its foremost objective. While this simply means providing each recipient, in the most rightful and benefitting manner, with his/her fair share in the estate of the deceased or incapacitated person, it usually isn’t that simple. Despite exercising careful planning, the possibility of a family dispute in such matters cannot be eliminated.

For such reasons, hiring a family dispute lawyer or a family trust litigation attorney near me becomes highly important.

This article covers a detailed discussion on everything about how family trust litigators near me can help you with solving family disputes. So, let’s begin.

 

 

What is a family trust?

A family trust is a particular type of estate planning tool, established by way of a legal agreement, or contract. Just like any other form of trust, a family trust also involves a relationship between three parties, namely – a trustor, a trustee, and a beneficiary or beneficiaries.

The main purpose of establishing a family trust is to financially protect and benefit the trust creator or grantor, and/or the beneficiary or beneficiaries named under the trust document. Generally, the beneficiaries in a family trust are the family members of the trustor i.e., the spouse, and/or children.

The family trust document or deed contains instructions as to the affairs, organization, and distribution of a person’s estate, should he become incapacitated or dead.

Family trusts are classified as a type of living trust, and hence can be both revocable and irrevocable.

 

Benefits of setting up a family trust

Setting up a family trust usually entails almost all the benefits offered by any other form of a living trust. This includes –

 

1. Avoiding probate

This is the foremost reason behind setting up a family trust. Probates are lengthy legal procedures to confirm the validity and enforceability of a deceased person’s will. Without passing probate, a deceased person’s estate cannot pass to the heirs as mentioned in the will document. However, all assets or any portion of the deceased person’s estate placed under a family trust is not subject to probate.

 

2. Privacy remains intact

Estate matters passing through probate aren’t just lengthy and costly, but they also tend to be public. This means that all and any information related to how much you and/or your family owns in assets and liabilities, or how much wealth is left behind for distribution among the family members, etc. is exposed to the public. Contrary to this, family trust deeds are private documents with no public access.

 

3. Ease of alteration

Unless it is an irrevocable trust, a revocable family trust offers the trustor the option to change and alter the existing terms of the trust deed. For example, the grantor can transfer the title of any assets held under the trust back to his name. Or he can change the names of the beneficiaries or their entitlements as to his estate, etc.

 

4. Trustor becoming incapacitated

Since a family trust is a type of living trust, it may become enforceable during the life of the trustor. The most common instance of where this happens is usually when the trustor becomes incapacitated. Such family trusts contain the name of the trustee who now shall control all the affairs of the trustor’s estate. Both the family members and the estate of an incapacitated person can greatly benefit and save a lot of trouble with an immediate appointment of a successor trustee as per the instructions of a family trust.

 

 

What is a family trust litigation?

A family trust litigation, as the name suggests, is a legal action involving a trust. Some other terms used for referring to a family trust litigation are – family trust contest, family trust conflict, and family trust dispute.

In simple words, a family trust litigation is a civil proceeding in the court of law arising because of either one or both of the following two main reasons –

  • A dispute or challenge arises as to the content of the trust deed itself that forms the basis of the trust and actions performed under it, and
  • A conflict as to the way the content of the trust deed is being executed and the person responsible for such execution.

 

A trust litigation attorney near me can help you understand the technical and complex nature of each reason in your individual case.

A trust litigation attorney near me can help you understand the technical and complex nature of each reason in your individual case.

 

Why hire a trust litigation attorney or trust litigators near me?

Understanding why you or anyone else should hire a trust litigator near me becomes obvious for several good reasons. Still in any case, the main objective is to legally challenge the existence of a trust, or its content contained therein.

But let’s be clear. Depending on your case, hiring a trust attorney to form a family trust may or may not be necessarily required. Although, doing it on your own isn’t a wise decision as well. This is because of the amount of paperwork and legal technicalities involved in setting up a trust.

Since most people aren’t aware of these issues, hiring a trust attorney is always recommended.

But despite consulting a trust attorney near me for setting up a trust, there are further things that may provoke disputes at a later stage between the family members.

Depending on the severity of such issues and disputes, going through trust litigation may seem to be the only way out. Thus, hiring a trust litigation attorney or trust litigators near me becomes highly important to settle such matters.

 

Reasons for hiring a trust litigation attorney or trust litigators near me

The words ‘further things’, as used earlier in this article, comprise several legitimate reasons behind hiring trust litigators near me. A trust litigation attorney can help you understand the technical and complex nature of each reason in your individual case.

This section presents an elaborate account of 4 main reasons behind hiring a trust litigation attorney near me. Among these four reasons below, each provides for a very compelling argument during a family trust dispute.

 

1. Challenging the legal authority or capacity of the trustor

The dispute to challenge the legal authority or capacity of the trustor is alone sufficient to nullify the entire trust. Under this claim, an interested or affected party to the trust agreement must prove that the trustor by any means lacked the right to create or amend a trust. This can be due to the trustor not having legal authority, being incompetent, or becoming incapacitated.

But proving this claim requires strong evidence for which you should hire a trust litigation attorney.

 

2. Trustor was under undue influence or coerced

There can be a dispute as to the way the trust’s assets have been assigned for distribution among the beneficiaries. An interested party to the trust agreement might claim to be named to receive less than what they supposedly believe to be receiving.

A claim under this scenario requires proving that the trustor acted against his/her free will at the time of the trust’s creation or amendment. This can be due to the trust creator being under undue influence or coercion at that moment.

Whether this is merely a pretense, or the grantor did suffer from a denial to his right of free will, requires professional skepticism. Thus, finding professionally competent trust litigators near me becomes very important.

 

3. Fraud and forgery

Another legitimate form of family trust dispute involves committing fraud or forgery by an interested party to the trust agreement.

Committing fraud or forgery is both a civil and criminal offense. The trustee and/or beneficiary separately or together –

  • may commit fraud or forge documents of the trust deed; or
  • make an amendment to obtain an unfair advantage from the trust assets; or
  • deprive other beneficiaries of their lawful legal right as mentioned in the original trust agreement.

Whether an act constitutes as fraudulent or not and whether a trust document or amendment is valid or not, requires seeking the help of a trust litigation attorney.

 

4. Trustee breaches his/her fiduciary responsibility

A trustee is an essential party to any trust agreement. He is entrusted with the fiduciary responsibility of fulfilling all instructions and duties as mentioned in the trust agreement.

However, a trustee may commit a breach of trust by misusing his powers or not fulfilling his responsibilities. This may be because of negligence or intentional behavior on the trustee’s behalf.

A beneficiary or beneficiaries in such circumstances should consult a family dispute lawyer or trust litigators near me. A trust litigation attorney can help initiate legal proceedings to compel the trust into fulfilling his/her duties under the trust.

 

 

How will trust litigators near me help you in contesting a family trust?

Remember that seeking legal help from trust litigators near me should be your foremost priority in a family trust dispute. A family trust litigation attorney will help you with –

  • Identify the basis of your claim. This means understanding whether the fact that you find disputable and ought to challenge in the court of law, is itself valid or not.
  • A trust attorney can help you evaluate a few other important factors before filing a family trust dispute claim. This includes –
    1) Whether the timeframe to file a claim has passed or not and whether it can be extended.
    2) Is there a no-contest clause present in the trust agreement or not and if there is, then finding technicalities to bypass its enforceability by the court of law.
    3) Whether you count as an interested party to the trust agreement or not.
  • Should a claimant, either does not have the trust agreement or isn’t being allowed access to it, a trust litigation attorney can help in obtaining a legal copy as well.
  • Before initiating the legal process in the probate court, good trust litigators near me will provide other reliable options. Such as finding common grounds to help you settle your dispute most favorably through an out-of-court procedure.
  • In case an out-of-court settlement offer does not prove to be helpful, a trust litigation attorney can file your dispute in the probate court.

 

 

Final thoughts

To conclude this article, let us share with you one last important question that clients frequently ask.

 

How soon should you consult trust litigators near me in case of a family trust dispute?

The quickest answer to this question is ‘as soon as you become aware of any underlying reasons discussed above’. The moment you believe that you have a valid reason to contest a family trust, you may call us straight away.

This is because of the timeframe as mentioned in your state’s statute of limitation law. For instance, in the state of California, the duration to file a family trust dispute claim is 120 days. This time begins from the moment a trustee serves his/her notice of administration within 60 days of a trustor’s death.

The timeframes allowed under various state’s limitation statutory laws are sufficient to file a family trust dispute claim. Besides, under certain exceptional circumstances, extended periods may be also granted to an interested party to initiate a legal action. Nonetheless, your priority should be to take prompt actions and avoid all probable delays.

 

What should you do?

Remember that irrespective of your claim’s legitimacy, an otherwise avoidable delay can deteriorate your stance. Not only will this infringe your legal rights, but it will also not help you in fulfilling your loved one’s last wishes.

Therefore, finding professionally competent trust litigators near me should be your primary concern. Fortunately, you have reached the right place to finding the best family trust litigators near me. Just like you, our family dispute lawyers at Attorneys Real Estate Group have helped many other clients with family trust disputes.

Our team of family trust litigation attorneys can walk you through each of the various steps of a family trust and help explore various options in your case.

Simply, give us a call at 916-702-8443 or visit our website at Attorneysre.comYou can also get free legal consultation by filling in the form at this link. One of our attorneys will get back to you as quickly as possible and will be glad to assist you. We look forward to welcoming you soon.