Taking care of someone’s demands, properties, and assets after they pass away isn’t always an easy process. Even if you are on the receiving end of someone’s trust, that does not mean you simply reap the assets. It is always possible that there is someone else who believes they are owed the assets trusted to you or that someone believes the trustor was not in their right mind when they were creating the trust. When any of these instances occur, trust litigation may ensue. Attorneys are here to help you with your trust litigation problems but know that the best scenario would be to avoid litigation altogether. Below, you will find information on how to avoid trust litigation and what you can do if you need to contact an attorney.
I haven’t heard of trust litigation before. What is it?
Most people have heard of a trust, a will, and estate planning. These are common terms used when someone wants to make plans for what happens to their assets at the end of their life: Where does their estate go? Who gets certain amounts of money? Trusts can be as detailed as you want them to be, and when this is the case there is less of a likelihood that people can argue with what is in the trust. That said, anytime a concern arises or someone argues for a different outcome than what is in the trust, it is possible that step to resolve this is trust litigation. This is not a simple process, so we do caution people considering trust litigation to speak with us about the details of your concerns before beginning this process.
When does trust litigation occur?
If there is any type of dispute that is important enough for someone to take to court regarding a trust, trust litigation can occur.
- Did the trustor have the mental capacity to make the trust?
- Did someone try to persuade the trustor to make different decisions when making the trust?
- Is the trustee using their power correctly?
- Is the trust too vague in certain areas?
Is it possible to avoid trust litigation?
Absolutely. Even before trust litigation occurs it is important that you have a trust litigation attorney on your side who you trust to speak with regarding any concerns you may have about the trust. If you are the one creating a trust, there are certain things you can do to try to make the process easier on the people receiving assets in your trust.
- Make sure what you say in your trust is extremely clear. You can work with your attorney to go over your trust and make sure it is clear.
- Speak with the heirs of your trust. Make it clear where they stand and what kind of inheritance to expect
- Name someone you trust as the trustee. This is incredibly important because your trustee will be ensuring that your wishes are fulfilled after you pass away. Don’t leave this task to any person.
For more information on trust litigation, speak with a trust lawyer in Cherry Hill, NJ now.
Thanks to Klenk Law for their insight into estate law and avoiding trust litigation.