Trust litigation typically occurs when the terms of a trust are disputed. Unfortunately, even the most detailed trust, especially when they involve families, may need to be disputed; hurt feelings, distrust, frustration, and a million more emotions can cause dispute and may result in trust litigation. When this happens, an attorney experienced in trust litigation can make all the difference.
There are countless reasons why a trust may be disputed, and trust litigation become necessary, but some of the most common reasons include…
- The person who created the trust did not have the legal capacity to do so resulting in litigation to determine if the trust is truly valid
- There is concern as to whether the trustor was coerced into creating the trust as a whole or certain provisions in the trust
- There is the belief that there was undue influence or persuasion that may have inhibited the trustor’s free will and influenced the decisions stipulated in the trust
Trust litigation is a specialized and complicated trust service and specific area of the law. It is very common for trust litigation overlap estate and probate laws and to require multiple petitions and complaints based on separate, but related, claims. For example, one situation may lead to petitions regarding capacity issues, financial elder abuse, undue influence claims, physical elder abuse, creditor’s