Spanish Speaking Trust Lawyer Phoenix, AZ
Most people have thought about estate planning, but may not be so familiar with the process of creating a personal estate plan. One of the most common estate planning tasks involves establishing a trust in such a way that it doesn’t need to be litigated down the road. Trust litigation can be filed for a variety of reasons, including questioning the validity of the trust or taking action against a trustee who is acting in his or her own self-interests.
Regardless of the reason why the need for trust litigation (or defense against an unfounded trust litigation claim) arises, it is crucial to seek help from an experienced Spanish speaking trust lawyer Phoenix, AZ residents trust. By working with the team at Kamper & Estrada, PLLC, you can navigate the process of trust litigation as successfully as possible. Each member of our Phoenix, Arizona Spanish speaking trust lawyer team can also help you to construct a trust that is as “litigation-proof” as possible from the start.
When a trust is established, the creator of the estate plan (otherwise referred to ask grantor or settlor), puts their assets in the control of an appointed trustee. This individual manages the assets within the trust for the benefit of the trust’s beneficiaries. Beneficiaries are people the creator has chosen to receive a portion of their assets.
Trusts are complex, which is why those who have never written an estate plan often consult with a Phoenix, AZ Spanish speaking trust lawyer to ensure that this legal tool has a strong foundation. Unfortunately, even with the best of intentions, disputes can arise between beneficiaries and/or the trustee as the trust is being managed.
Designating a Trustee
One of the most frequent issues that arises in trust and estate litigation courts, involves a trustee who has proven to be (or has been accused of being) irresponsible with the trust creator’s assets. A person can help avoid litigation for their loved ones down the line if they appoint a person who is somewhat business savvy (or at least willing to ask for help from a professional when needed), loyal to the family, ethical nature, and organized. It is also imperative that you ask this person if they are willing to be the trustee after you pass away, as this role can come along with significant pressure and responsibility.
Trust documents are vital in today’s world, as they can essentially help protect a person’s money from a lawsuit (unlike other estate planning documents). Sadly, we live in a culture where people may feel entitled to receive certain things when they really don’t. For example, a creator of a trust may have not included a relative at all, simply because they weren’t close or had a falling out at one point in their life. But then, after the creator passes away, that relative may pop up and feel entitled to a percentage of the estate.
If a disgruntled relative files a complaint, assets that were originally assigned for beneficiaries may be at risk. As you can imagine, this can cause profound upset amongst beneficiaries who were closer to the trust creator who passed away. Trust and estate litigation can be messy, and quite challenging to get through without the assistance of an experienced Phoenix, AZ Spanish speaking trust lawyer.