HomeLegal:  Trust And Estate Issues Related To Litigation

Litigation Is Necessary In Many Trust Cases

There are times when there is a need for litigation. Trust, will and estate distribution issues crop up quite regularly as families battle it out over money, property and other items of value. It's rarely simple to resolve these types of problems because of conflicts between embattled siblings, spouses or other relatives. The only solution is often the need to turn to an attorney. When things can’t be resolved by family members an attorney and the court system may be the only ones that can settle the matter in a way that everyone can accept.

It would be so much better if families could overcome personal issues in order to settle disputes before they reach the stage of litigation. Trust, will and estate issues are possibly some of the most heated battles the court system sees. One type case that can be particularly nasty is a case involving breach of fiduciary duty. In these cases, a trustee is often accused of acting dishonestly and showing failure to protect the funds in a trust. This is often the case when it comes to cases involving trusts for children or mentally handicapped individuals; those people incapable of handling their own finances due to immaturity or lack of mental capacity.

Litigation - Trust and Estate Problems Can Be Solved

Estate litigation, trust litigation and other types of legal proceedings may best be handled by larger more experience law firms than by those with small law practices. The more experience a firm has dealing with these types of cases, the better understanding they will have of the process and possible problems that may crop up. If a firm has had many years handling estate and trust issues, you can almost rest assured that they've faced nearly every conceivable problem that can arise in typical and unusual cases.

Litigation trust and estate concerns are vast and not everyone will have everything resolved to their liking. In some cases, it's not even a matter of who has the best lawyer (although having a good lawyer can be important). Many of the matters all boil down to assigned responsibility, validity and liability. There may be cases where a will needs to be rewritten, a trust may need a new trustee to oversee the funds or property must be sent to probate in order that a fair resolution can be reached. In most cases, only a law firm and/or the court system will be able to fully resolve things acceptably.

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