Trust Litigation

When creating your estate plan, trusts are a very useful tool. Not only do they allow you to avoid probate, trusts can also help you structure inheritances according to your wishes. However, they’re not completely without their legal issues. Beneficiaries often dispute the decisions within trusts, especially if one person has received more than others.

When it comes to trust litigation, you must have a dependable legal team by your side. Walk-In Wills offers a convenient experience with a licensed and knowledgeable attorney. In the event you’re faced with trust litigation, legal counsel is crucial to keeping your best interests at the forefront of legal proceedings.

Why Does Trust Litigation Occur?

Like wills, trusts must be considered valid in the eyes of the law. The person creating the trust, also known as the grantor, must be of sound mind when creating the document. The grantor must also be free of undue influence, meaning an outside party coerced the grantor to make decisions to his benefit. If evidence is presented to prove either point, it’s likely that the trust will be considered unenforceable.

Claims can also be made against the trustee, who is responsible for management of the trust. Trustees can be the grantor or their successor, who assumes control when the grantor dies or becomes incapacitated. Trustees must be very careful about how they use funds in the trust, or they could be ordered to pay damages due to mismanagement. It’s also possible to remove the trustee from the position with trust litigation.

How We Can Help

You should never go through trust litigation alone. Whether you’re concerned that funds are being misused or that a trust was created under fraudulent pretenses, Walk-In Wills can help. You’ll work with a licensed attorney on your estate planning issue, who will consider your unique financial situation when creating a strategy.

We offer many estate planning packages, from simple wills to trust packages for couples. Throughout the process you’ll have the assistance of professional legal help without incurring the high legal costs associated with trust litigation. Discuss your legal issue with us today by calling Walk-In Wills at (505) 903-7000. We offer free one-hour consultations to get started.

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