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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.

An estate planning attorney can provide you with a wide range of benefits. An estate plan is more than a will. It outlines your desires and wishes, but also can include additional components that create legally-binding requirements at the end of your life and after your death. A small mistake in these documents can lead to the loss of your desired outcome. By working with an estate planning lawyer, you’ll create an estate plan that’s legally sound and reliable. Consider five of the best reasons to hire these professionals.

#1: Attorneys minimizes risks associated with state laws
State laws layout the groundwork for estate plans. They outline what needs to be done, what can and cannot be included in the estate plan, and the process for probate, the legal process your estate goes through after death. These details include specific rules about wills and trusts, medical and financial power of attorneys, and personal representatives. These complex laws make it difficult to plan an estate without legal supervision.

#2: Mistakes can lead to costly results
Estate planning attorneys work hand-in-hand with individuals to create plans that meet specific needs. In doing so, they reduce the risk of costly mistakes. For example, in some states, limitations are present on who can serve as an executor of the will. Someone that is out of state or does not meet other specific standards outlined by state laws may not fit the legal requirements. Naming this person or creating details within an estate plan that do not adhere to requirements could mean costly changes in these plans down the road.

#3: You can create complex estate plans that meet your needs
For some people, a simple will is enough to outline wishes for after death. For others, though, there are more complex factors. Planning trusts, for example, for grandchildren, pets, charity needs, or other complex scenarios requires more planning and more complex legal proceedings. However, these tools can create an excellent way to protect assets.

#4: Create effective, long-term solutions for children
For those who have minor children, having an effective, well created plan is essential. With the aid of an attorney, you can ensure your estate plan meets the needs of your family including providing for guardianship, finances, and long-term needs such as college planning. It can separate who cares for your children from who controls the finances. It can help you make decisions about the needs of special needs children.

#5: It’s less expensive to modify
When working with an estate planning attorney, you can modify your plan at any time. Doing this yourself can be time consuming and places more risk of errors with each change. Moreso, you’ll want to ensure an attorney is always available to answer questions both now and when your plan goes into action.

In short, an estate planning attorney ensures all of your options are considered and planned for. It allows you to organize a structured solution to your specific needs that meets all state requirements. And, it gives you peace of mind knowing your wishes are legally binding.