When there are disputes during the organized distribution of properties from one generation to the other, hiring a trust litigation attorney can be beneficial. An organized trust is built in a way that clear instructions are stated and property distribution to heirs and beneficiaries is done correctly. Despite a well-defined trust organization, legal issues might pop up, and this is where the services of a trust litigation attorney can be helpful. When one is searching for a trust attorney Dallas will not disappoint with a wide array of choices.
Trustee lacks legal authority
It might happen that the individual who created the trust never had the legal authority to do so in the first instance. This challenges the validity of the entire trust document. The person responsible for creating the trust document might have a challenging mental capacity. Hence, a legal issue might pop up where the trustee’s state of mind might be questioned in court. With proper proof of documents, he/she might be proved so and hence the case will be won against the person.
If someone decides to disinherit one or more children, there must be good legal reasons behind the decision. In case, the children don’t find practicality in the decision, they might decide to sue for a rightful share of their inheritance. When one child is omitted from the inheritance share, there is a lot of confusion that gets created. The child left out of the share might challenge the trust on several grounds and try to prove the wrongdoing of the trustee.
Trust creator coerced
Due to any undue influence, an individual responsible for creating trust might have distributed the property assets in a way that questions the validity of the document. When the distribution of the assets is considered weird, denying the validity of the creator of the trust. In certain trust litigation, the situation is considered as financial elder abuse. When considering a professional and experienced trust attorney Dallas will offer several trust litigations firms.
Poor document execution
A trust might have executed a document, being written, signed, notarized, and even have witnesses. This is the right way of executing documents. But when a single step is missed, the trust document can be challenged and considered invalid. This is a possibility when trust documents are created without the help of any professional help. Trust litigation experts are aware of the documents that need to be submitted and also know of how a document should be executed.
Breaching fiduciary duties and responsibilities
A fiduciary possesses a legal responsibility. He/she needs to act abiding by the regulations and directions laid out in the trust document. When laws and regulations are not followed by a fiduciary, he/she is breaking the laws set by the trust. Hence, there is a breach that opens up to a situation where legal issues come up and the case is contested in court.
Forgery of documents
Some documents are forged to such a level that they are not only open to civil challenges but criminal ones as well. Trust litigation cases are not simple and demand several independent legal actions based on linked, but separate claims. A trust litigation attorney with extensive knowledge and experience needs to be hired to resolve the cases efficiently. The moment forgery of documents springs up to a trust litigation case, a trust attorney is the only solution provider.
Examples of trust litigation legal disputes
There are so many different kinds of legal disputes that can lead to trust litigation cases.
- When a beneficiary considers that they are not receiving the proper share of assets from the trust association.
- There are accusations of theft, self-dealing of funds, and co-mingling.
- When a beneficiary accuses a trustee of failure to make timely and proper asset distribution.
- The trustee fails to provide timely accounting details when demanded by the beneficiary.
- There are complaints of excessive trustee compensation.
When one hires a professional trust attorney Dallas provides trust litigation law firms that handle all the stages of trust disputes efficiently, starting from case review, to pre-lawsuit resolution settlement via trust lawsuits.
Establishing a trust document is one of the efficient ways to distribute assets to the next generation. It might seem to be an uncomplicated process but can take an ugly turn when there is a trust litigation issue. Before the situation goes out of hand, considering professional help is a smart move. When one plans to hire a trust attorney Dallas offers a wide array of such professionals.