When a loved one passes away and their beneficiaries and family members learn more about any trusts that loved one may have created during his or her lifetime, emotions and frustrations can run high. This may be especially true if loved ones feel left out or feel that the trustor did not fairly distribute his or her assets. This can cause irreparable family damage and unresolvable arguments.
Thankfully, working with an experienced trust lawyer in Folsom, California can be particularly helpful when estate-related tensions are running high. Instead of arguing with family, a trust attorney can step in as a professional, unbiased third party who can take this matter to court and help clients understand the rules of a trust. Alternatively, a Folsom, CA trust attorney can represent the interests of any single or multiple party involved if it becomes clear that a dispute will not be resolved by mere clarification of the trustor’s intent. There are many reasons someone may need to hire a trust attorney, so it is important to consider scheduling a consultation with Yee Law Group, PC if you have any questions or concerns about a loved one’s trust.
What If You Were Completely Left Out Of the Trust?
Unfortunately, there are times when someone believes they will be a beneficiary of someone’s estate but they find out that the trustor did not name them as a beneficiary. This can be a hurtful and confusing reality. Before blaming any other beneficiaries or the trustee(s), please take a step back, collect your thoughts, and contact a Folsom, CA trust lawyer. There are many reasons that the trustor may not have listed you as a beneficiary, and some of these reasons may result in grounds for going to court. If you suspect fraud or undue influence, you may have a strong case for pursuing trust litigation.
What If the Trustor Removed You As a Beneficiary?
This is not entirely uncommon, and many people pursue trust litigation when they discover the trustor has removed their name from the trust as a beneficiary. What can you do when this happens? Your Folsom, CA trust lawyer can look at the context of the name removal and review what circumstances might have surrounded the trustor removing your name.
- Lack Of Capacity. For example, if the trustor was in a state of mental decline and they suddenly made several changes to their trust that seem illogical and contrary to what they would have done if they were in a proper state of mind, a trust attorney may have a solid case to take to court to say the trustors’ mental capacity was too far gone to make legal changes.
- Fraud Or Undue Influence. Additionally, if you believe these changes were the result of fraud—someone else entirely wrote your name out of a trust—or someone tricked the deceased into eliminating your name, a trust litigator can represent you in court.
Should You Represent Yourself In Court?
While a court will not require you to hire a Folsom, CA trust lawyer when trust disputes arise, trust attorneys understand the ins and out of what makes up a proper case regarding such disputes and will be able to offer legal guidance and prepare the evidence you need for your case. Estate law is complex and challenging to navigate. Please consider connecting with a trust lawyer in Folsom, CA if you have any questions or concerns rather than shouldering the burden of this situation alone.
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