Litigation over trusts is very common. Legal oversights and disputes often occur due to a trustee, executor, or personal representation that has very little or no legal training at all may not be well-suited to handle the role of taking charge of assets in a complicated trust. By having an experienced trust litigation lawyer on your side, we will help to ensure there are no problems in administering the estates and wills. Having an experienced lawyer on your side will also help the executor and trustee to rely on our advice to follow all the requirements and guidelines and to do a thorough job.
Your trust litigation lawyer should have plenty of experience in advising trustees and executors. Goals of the lawyer should include respecting the deceased’s intentions, adhering to the law, and focusing on family harmony. In addition to advising the executor and trustees, your trust litigation lawyer should be able to follow all litigation procedures, should litigation become necessary in trust administration.
When Do You Need a Trust Litigation Lawyer?
When administering a trust, the trustee has a fiduciary duty to the trust’s beneficiaries. Sometimes, however, a trustee may be accused by a beneficiary of committing malfeasance. These claims typically revolve around irregular or inadequate disbursements of the funds. Other common allegations typically include illegal disposal of assets, undue influence, conflicts of interest in the trust management, mismanagement of trust assets by the trustee, and the trustee not receiving all of the assets. By having a trust litigation lawyer, they will do all that is necessary to protect the beneficiaries and the trust.
Choosing the right trust litigation lawyer would ensure they have a thorough understanding of the legal obligations of trustees and of trust law. Your trust litigation lawyer should know how to investigate and pursue cases in the following types of situations:
- Conflicts of interest
- Excessive and inappropriate manipulation against a vulnerable person
- Situations that could cause the trustee to be impartial
- Illegal disposition of trust assets
- Failing to perform the trustee’s duties
- Mismanagement of trust assets
- Diversion of assets to the trustee
What is the Value of Having an Experienced Lawyer Throughout the Trust Litigation Process?
Having an experience trust litigation attorney will benefit you greatly. When filing a case versus a trustee, your trust litigation lawyer will be able to retrieve an objective and full account of trust’s activities as well as compel distribution of trust funds according to the provisions of the trust. By having an experienced trust litigation lawyer on your side, you can receive advice from someone who fully understands trust law and that can ensure the beneficiaries are entitled to the assets that they were intended to have. In the event you need legal advice, do not hesitate to contact experienced attorneys such as the best trust lawyers Phoenix AZ.
Thank you to Kamper Estrada, LLP for providing insight on trusts.