What Causes Trust Disputes and How Can a Lawyer Help You?
When you have an estate to plan, you must include a revocable trust or irrevocable trust as your main strategy. This will help you maintain the required privacy and you can avoid probation during allocating your property. This is necessary because trust issues are going to use up the valuable resources that were already reserved for your loved ones. Working with trust dispute lawyers will help you anticipate any issue that might arise shortly. They will be developing strong plans against the disputes and will devise ways to resolve them.
Here’s the list of some of the common disputes that might arise.
People often get shocked when they are disinherited. They might think that you were coerced or were influenced unduly against them. But whatever good reasons you have in your mind, you need to justify them in your will. An experienced trust dispute lawyer will be able to help you by crafting the estate plan you desire. As a result, the likelihood of disputes will be lowered.
Sometimes, even when the trust has been structured properly, problems might yet arise anyway. This would happen mostly if the beneficiaries have problems with the trustee. In cases of misunderstandings, the beneficiaries might be accusing the trustee of trust fraud or poor administration. In this case, you need an experienced lawyer to craft clear language trust and execute it.
The most common cause of dispute is the doubt in the trust maker’s capacity. The testator normally needs to:
- Understand the action that they are taking
- Understand the limitations of the property they own
- Understand their relation to their family members and who will be affected by the draft
Undue influence occurs when the individuals make the trust under someone else’s manipulation. This is so strong sometimes that the individual loses their free speech. Normally, the courts set a high bar to find out cases of undue influence. To avoid these issues, it is best to hire a lawyer who would guide you wisely.
If you and your family are going through certain bad situations, this will reflect in the trust you are building. When these issues get compounded with other issues, the trust gets built up in the wrong way.
For a quick resolution to all these issues, contact Litvack Dessureault LLP law firm and get associated with the best team of lawyers.