Why Trust Disputes Can Get Complicated and How to Resolve Them
Trusts are designed to help pass on wealth and assets to beneficiaries in a way in which the beneficiary isn’t in control of the assets until a certain point. Often, this is done to ensure money isn’t all spent at once and can be given a piece at a time to help the person live or to protect high-value assets from being sold or being taken to cover debts when a person dies. In the course of a trust, disputes can arise and it is important to make sure they are handled carefully to prevent issues from getting worse.
Dispute About Validity of the Trust
Is the trust valid or does it need to be changed? The validity of the trust can be called into question by almost anyone. Often, it’s family members who question the validity of the trust by saying the person who created it was not of sound mind at the time or didn’t have the capacity to create the trust. When this happens, getting a trust litigation lawyer may be crucial, as the lawyer can look into when the trust was created, how it was created, who signed it, and more. They’ll make sure the trust was legally created and is not subject to being dissolved or changed.
Disputes Including Negligent Trustees
After the trust has been established, the trustee will be the person caring for it. It is important to make sure they are doing their job and that the trust is cared for properly, as issues can cause the value to decrease significantly. Trustees should provide accountings on a regular basis or as requested, make sure the assets are managed properly, and ensure the restrictions of the trust are followed. If there are any concerns about how the trustee is caring for the trust, it is important to speak with a lawyer right away.
Disputes Alleging Illegal Acts
It may be concerning to think that there is anything illegal happening to the trust, but if assets are missing or there seems to be any issues with the trust, it may be time to start working with a lawyer. There are instances of people stealing money from trusts, and these could lead to civil and criminal penalties. At the first sign of embezzlement or other illegal activities, contact a lawyer to see what can be done to stop anything further from happening.
Dispute Over Care for the Trust
The trustee has certain responsibilities when they are in charge of a trust. If the beneficiary isn’t sure that the trustee is providing proper care, the beneficiary can request a new trustee or ask for more information about the trust to determine the next steps. A lawyer can help their client determine if the trustee is failing to properly care for assets held in the trust or having trouble caring for the trust overall.
If you’re the beneficiary of a trust and concerned about how it’s being handled or worried that something illegal is happening, now’s the time to speak with someone about the situation. Working with a trust litigation attorney can make it easier to check on the status of the trust and get help with any potential disputes, no matter how complex. Schedule a consultation now to learn more about how an attorney can help your situation.
Joshua White is a passionate and experienced website article writer with a keen eye for detail and a knack for crafting engaging content. With a background in journalism and digital marketing, Joshua brings a unique perspective to his writing, ensuring that each piece resonates with readers. His dedication to delivering high-quality, informative, and captivating articles has earned him a reputation for excellence in the industry. When he’s not writing, Joshua enjoys exploring new topics and staying up-to-date with the latest trends in content creation.
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