Will and trust disputes often result in legal and factual issues which can only be solved through proper knowledge and experience. An experienced lawyer will also try to solve these issues without litigation through methods of mediation, discussion and negotiations. When a dispute cannot be solved through mutual negotiations, discussions and mediation by third parties, then the lawyer will file litigation.
A trust litigation lawyer with help you fight issues arising out of –
- Errors in drafting: there might be errors in drafting a will, the terms and conditions of the will may be unclear or it may include some illegal provisions.
- Undue influence: this is the most common way in which the elders are exploited. A party may use emotional blackmailing or physical coercion or any sort of intimidation on the drafter of the will and make the person to change the terms of the will.
- Disputes about reformation of the trust.
- Disputes relating to changing or removing the trustees.
- Discrepancies in the trust accounting practices.
- Misconduct of the trustees.
- Disputes over misappropriation of assets by the trustees.
- Disputes with third parties like the creditors or business associates who have claims against the trust.
- Breach in the fiduciary duty to act in the best interest of the trust, by the trustees.
- Sometimes there might be a fraud done by the trustees.
You can also approach a lawyer to assist you in the matters relating to issues like:
- Appointing conservators and guardians: the old and the elders are often mentally weak and unstable due to the effects of age, mental illness like dementia or Alzheimer’s , and are subject to mental and physical abuse by family members or caregivers to force them to make a will in their favour or to use their money . Appointing a conservator or a guardian is a tedious task requiring a lot of formalities and huge costs, in such cases it is always advisable to consult a lawyer.
- To make third party claims against trusts: You might be a creditor, a business associate or a professional who has unsettled claims against a deceased persons estate or property based on the obligations before his death. If it involves huge amount of money, the collection of these claims becomes very important to maintain your financial balance. A trust litigation lawyer can help you in filing and prosecuting the claim or in initiating an estate proceeding for collection of your claims.
- Business succession disputes: Many times when the person who established the business is dead, there may be disputes among the family members and the outside partners about who will take over the business. There might also be disputes about fair compensation to various interested parties when the business is sold to a third party. A lawyer plays a crucial role in sorting these disputes by offering his valuable advice.
- A lawyer will also help to make claims against the fiduciaries for breach of duty, misappropriation of assets and disputes regarding accounting practices and wrong valuation of assets.
A knowledgeable and experienced lawyer always helps his clients to solve the issues regarding will and trusts without litigation. And when litigation is necessary he will fight to end to protect the interests of his clients.