Nobody wishes to quarrel over financial assets, but unfortunately, large inheritances and complicated trusts are often subject to controversy. When there are conflicting opinions regarding the validity of a trust, the trust may be scrutinized in the trust litigation process. Trust litigation is the process in which a person hires a trust litigation attorney to dispute the validity of a trust or the distribution process of the trust’s assets. During trust litigation, a judge determines if the trust was created according to the due process of law, if it is valid, and if the wishes laid out in the trust are being properly executed.
When Should You Hire a Trust Litigation Attorney?
While most people wish to avoid this lengthy litigation process, it is often necessary to ensure that the true wishes of the owner of the trust are being properly executed. If you are the beneficiary of assets that are subject to trust litigation or believe that the trust does not reflect the true intentions of the owner, then you should not hesitate to hire a trust litigation attorney in order to protect your property.
There are several situations in which a trust may be considered invalid. For example, sometimes a person who creates or revises trust documents may be experiencing memory loss or dementia, which would mean that the trust is invalid because the owner was not of sound mind when creating the trust.
Additionally, the trust owner could have been coerced, manipulated, or even forced to sign documents that do not reflect their intentions. Occasionally, there are even situations in which one person forges signatures in order to alter the trust to become a beneficiary. While the latter situations can seem extreme, these situations are particularly common among trusts with high assets, as people with more at stake are often the targets of others’ influence.
Even if the creation of the trust was lawful and valid, the execution of the trust can be subject to validity. If the executor mismanages funds, makes substantial errors in accounting, commingles assets unlawfully, or commits another action that affects the lawful distribution of property, then it is highly recommended to hire a trust litigation lawyer.
Lastly, if you are the beneficiary of assets that are being subject to trust litigation, then it is imperative to invest in a trust litigation lawyer in order to protect your assets during the litigation process.
Trusts & Litigation in Santa Clara
If you are interested in learning about how a trust litigation attorney can fight to protect your assets, please contact our offices today in Santa Clara to schedule a free, no-obligation consultation. LPEP is one of the largest estate planning law firms in the Bay Area and has a dynamic team of attorneys who specialize in trust litigation. We aim to solve most problems outside of court but are renowned for protecting assets during the litigation process.
We can answer any of your questions about trust litigation in your free consultation or, if you have lingering questions, you can look here to see if it answers your questions.