A person creates a trust because they want to ensure their assets are safe and can go to certain beneficiaries. When a person writes their trust, they name someone as trustee to control it; in some cases, they may name themselves as the first trustee and they may name a close friend or family member as the second trustee. This allows them to have control over their assets until they want them to be dispersed. While it may seem like a hard thing to argue, it is possible for people to question the legitimacy of a trust. This is where a trust litigation attorney comes in. They know that you may have questions about a person’s trust and could be concerned that circumstances forced a person to change their trust or a person’s trust changed without their knowledge. To see how an attorney can help, contact a law office now.
Why does trust litigation occur?
Unfortunately, not everyone is as concerned about the trustor’s health and welfare. Instead, more people may be concerned about whether they are “getting their fair share” when it comes to being a beneficiary of the trust. A dispute can quickly arise if someone believes they were left out or if someone was added. It can be hard to determine what the trustor wants when these kinds of questions arise, which is why it is imperative that you have a trust litigation attorney on your side to help gather the evidence.
Another common instance is if the trustee does not live up to his or her duty. A trustee is supposed to take care of the assets and make sure that they get to the right people. If a trustor told a beneficiary that he would get certain assets and the trustee did not get those assets to the beneficiary, he may have reason to believe that the trustee is not conducting his or her job appropriately. It is the trustee’s job to ensure the wishes of the trust are fulfilled and the assets get to where they need to go.
If you or a loved one believe that someone may have had undue influence or forced the trustor to make changes to the trust, you should also reach out to our trust litigation attorney. Especially when people get older, it is possible that someone (a nurse, a family member who was never close) may attempt to form a closer bond with the trustor in order to add their name into the trust. When you suspect something like this, contact a lawyer as soon as possible.
