Trusts are used as an estate planning tool to help distribute assets according to a person's wishes after death.
A trust can be a valuable tool when it is used correctly. Unfortunately, some issues can arise when it comes to the administration of a trust. These issues will need to be resolved through litigation.
You must be able to recognize when you need the help of an experienced estate litigation attorney to handle a trust dispute.
1. Breach of Fiduciary Duty
Every trust is established with an appointed trustee. It is the responsibility of the trustee to distribute the assets to the trust's beneficiaries according to the law. If you feel that the trustee is not living up to their obligations, you may need to file a lawsuit to resolve the issue.
A breach of fiduciary duty could siphon valuable resources away from the trust, so an experienced attorney must be retained to help you prove the breach and restore the trust's assets.
2. Forged Documents
Another issue that you may face when dealing with a trust is the use of forged documents. Legal paperwork is required to transfer any assets out of a trust. Some beneficiaries may be tempted to forge this paperwork in an effort to get more than they are entitled to.
Forging trust documents is serious, and you will need the help of an attorney to prove that the documents involved in your trust have been falsified. The suspected forgeries will be evaluated by a team of experts who can work with your attorney to litigate the distribution of assets from the trust.
3. Lack of Formalities
Because the formation of a trust is considered a serious legal action, several formalities must be observed for the creation process to be valid.
Some of these formalities include an original signature by the testator, the original signatures of witnesses, and the signatures of two parties who are not related to the trust. If you suspect that these formalities were not observed, you may be able to contest the validity of the trust itself.
An experienced estate litigation attorney will be able to verify all of the signatures on any legal paperwork and determine if proper protocol was followed at the time of the trust's creation. If you are able to disprove any of these formalities, you can file with a probate court to have the trust dissolved.
If you need help with a trust, contact a local estate litigation lawyer.