If you have questions about the validity of a trust agreement that a loved one signed, an estate litigation lawyer can be able to help. This lawyer can be helpful when dealing with issues related to wills, trusts, and other estate-related issues. Legal problems involving trusts need legal assistance. When do you need a lawyer to handle inheritance disputes?
1. When the Creator of the Trust Became Mentally Incapacitated
If you suspect the trust's creator lacks mental capacity, you will need to hire estate litigation counsel to dispute the trust arrangement. A trust creator understands what they're doing, and this is why it's so important that they're mentally capable of it. You'll need a knowledgeable lawyer to help you prove mental incapacity in court.
2. When an Act of Coercion or Undue Influence Was Committed
Estate litigation counsel can be sought if there is evidence of coercion or improper influence in the trust document. If it can be shown that the individual who formed the trust was pressured or misled into doing so, the trust can be questioned. One way to challenge the trust arrangement is with the assistance of an attorney.
3. When There is Forgery
A trust deed can be challenged if a counterfeit is found in it. This often arises when a document is subjected to unforeseen and unexplained changes. An estate litigation lawyer can be able to have the document deemed invalid if they can prove that the signature is false or that the document has been altered.
4. Failure to Adhere to Fiduciary Responsibilities by a Trustee
In your opinion, are the trustees misusing the trust or wasting money? Some of the issues your estate litigation attorney can raise include;
Theft from the estate of money
Inadequate property management
Assets of the trustee and the estate are combined.
Problems with transparency or poor record-keeping
5. If Other Parties Want to Be Included
If you are challenging a trust instrument because you feel that you should have been included as a beneficiary, you must show that the settlor intended for you to be included. Investigating the trust agreement's content and any communications you have had with the settlor can be beneficial in this case.
The creator's absence or inability to answer questions might complicate estate litigation. It leaves the outcome of a case to be influenced by the input of qualified and experienced attorneys. If you believe your rights under a will or trust are being threatened, you should contact an estate litigation lawyer right away.
For more information, contact an estate litigation lawyer.