When Should I Hire a Trust Litigation Lawyer?

Trusts are created to protect assets and ensure their smooth distribution upon the death of the original owner. They can help avoid probate, reduce estate taxes, and maintain privacy. Furthermore, some trusts help individuals maintain control over how their assets are used long after their death.

While these trusts can be incredibly valuable, they can also pose a number of potential problems. If you find yourself in a trust dispute and are wondering when you should hire a trust litigation lawyer, contact Texas Will Contests, JV for help.

Trust Validity Disputes

One of the most common trust disputes arises when one party, often an heir, wants to dispute the trust’s validity. This may include challenges such as a lack of capacity, in which the trust creator did not have the physical or mental ability to arrange the trust, or undue influence, when the creator was coerced or manipulated into creating the trust or its terms. These issues can lead to significant questions over the trust’s validity, making it important to work with a trust litigation lawyer to solve disputes.

Breach of Fiduciary Duty

Trustees, the individuals responsible for managing a trust, bear a duty to act in the best interests of the trust’s beneficiaries. They cannot act for themselves or their own finances in the administration of the trust, but must instead follow the terms laid out by the trustor.

It’s best to hire a trust litigation lawyer when a trustee fails in this duty. Trustees may breach their fiduciary duty in a number of ways, including mismanagement of the trust assets or failure to properly distribute those assets according to the terms of the trust. In addition, you may choose to argue a breach of fiduciary duty when a trustee does not provide transparency regarding asset management.

Removal of a Trustee

In some cases, the beneficiaries may want to remove a trustee from the administration of the trust. Sometimes, this is because of a breach of fiduciary duty. In other cases, the beneficiaries may argue that the trustee does not have the capacity to effectively manage the trust or that they have a conflict of interest that could lead to mismanagement.

Beneficiary Disputes

In addition to disputes regarding the creation of the trust or its administration, some beneficiaries may come into conflict with one another. Most often, this includes disputes over the distribution of assets from the estate, including cases in which one or more beneficiaries feel that the distribution is unequal or does not fairly reflect the intentions of the trustor. In other cases, beneficiaries may dispute the named value of assets that have been distributed from the trust.

Beneficiaries may also have concerns over how real property in the trust, including real estate, is used or managed. A trust litigation lawyer could be hired to ensure that all parties understand their rights and help with the legal side of the dispute.

Contact Us to Discuss When You Should Hire a Trust Litigation Lawyer

While a trust can offer a number of potential benefits, both for the estate planning process and for the beneficiaries, there are also challenges that can arise. When you have a dispute over the terms of a trust, it’s a good time to hire a trust litigation lawyer who could help you understand your rights and fight to protect your assets. Contact Texas Will Contests, JV today to learn how we could help you navigate the dispute process.