A Trust & Estate Litigation Attorney has experience in the appropriate handling of assets and estates after a loved-one has passed on. A Trust Litigation Attorney may be called upon to assist in properly handling a trust or will when a conflict of interest arises. A number of issues can come about that require the expertise and confidentiality of an experienced Estate Litigation Attorney.
The Purpose of a Trust
A trust is formed during the estate planning process and can avoid probate, protect property, reduce estate tax liability and outline the intentions of the deceased. A trustee is named by the deceased to handle the distribution and management of the estate. Conflicts can arise during this process.
Beneficiaries that are in a state of grief may have difficulty coming to terms with the event itself and that of the estate planning process. Individuals may disagree as to the correct and legal course of management over the estate or trust. Disputes occur over distribution of monies and property and even the candidate chosen as a trustee. An Estate Litigation Attorney can provide recourse and a way to address legitimate concerns brought forth by beneficiaries and family members.
Reason 1: Trust Mismanagement
Trustees should act objectively in accordance with the intentions of the deceased and towards the benefit of all beneficiaries as it is explicitly decreed. Trustees can also be beneficiaries themselves and may decide to act with self-interest. A Trust Litigation Attorney can help other beneficiaries get a form of redress or have a new trustee appointed as manager. Monetary awards and compensation may be awarded to the beneficiaries through litigation.
Reason 2: Contested Conservatorships
At times, individuals become incapacitated and cannot care for themselves and their attending responsibilities. A conservator may be appointed to handle their needs and financial matters. These incapacitated individuals can fall victim to abuse and mismanagement. Loved ones may consult with a Trust and Litigation Attorney to challenge the conservator or have them replaced. Learn more about contested conservatorships here.
Reason 3: Handling a Large Estate
The entire process of accounting for assets, disposing of them and appropriately handling their management on behalf of a number of beneficiaries is a daunting task. The experience of a trust and estate litigation attorney can help trustees to appropriately carry out their function as the deceased stipulated in their trust or will. Any areas of concern can be discussed in confidentiality and a plan for managing the estate can be created that fulfills the desires of the loved one and abides by the law.
Reason 4: Trust & Will Contests
Typically a person of wealth dies with a large estate. Expected beneficiaries can seek redress if they feel that a trust or will is unfair or made when a person is not fully cognizant of their actions. This challenge can be successful but not all parties are permitted to do so or can bear the expense of litigation.
Reason 5: Planning for the Future
Those with relatively large estates and a specific request can seek the counsel of an experienced trust litigation attorney to create a solid trust, will and directions that can withstand challenges. Thoughtful planning that abides by the law should go into the planning and management of a trust and estate.
The Law Office of Michael LaMay offers nearly 30 years of experience and practical expertise for those concerned about trust and estate planning, administration and litigation. Contact Michael LaMay for a confidential consultation at (925) 932-2670.