Probate and Trust Attorney

Trust litigation occurs when there are disagreements about the distribution or management of a deceased person’s assets. Just as probate litigation involves challenging the terms of a will, trust litigation involves challenging the terms of a trust.

A Trust should be formed with the assistance of an estate planning attorney to ensure that instructions are clear and there are no errors or omissions that could lead to a lawsuit. Legal problems man still arise if inheritors disagree on the language of a trust.

You may need to hire a trust litigation attorney if:

• There are assets missing from the trust. Trustees have a duty to follow the directions laid out in the trust, and to act only in the best interests of the trust or its beneficiaries. A trustee can be compelled to provide accounting information to the beneficiaries.
• You were unexpectedly left out. Although some inheritors are left out of a trust on purpose, there are cases where disinheritance should be challenged.
• You suspect deception or criminal activity. If any documents were fictitious or changed the trustee could face both civil and criminal charges.

Probate litigation is a legal process that involves resolving disputes related to the distribution of assets and property after someone passes away. This can include disagreements over the validity of a will, the actions of an executor or trustee, and disputes between beneficiaries. Probate litigation can be a complex and emotionally charged process, often requiring the expertise of experienced attorneys and financial professionals.

A probate litigation attorney is typically called upon to resolve common will, trust, and estate disputes, including:

• Contesting a Will
• Undue Influence
• Mental Incapacity
• Breach of Fiduciary Duties