Losing a loved one is hard enough, and when family disagreements over inheritance add to your stress, it can feel overwhelming. If you’re facing uncertainties about how your loved one’s property is being passed down, you’re probably feeling a mix of emotions. It’s okay to feel this way, and it’s okay to seek help. A trust litigation attorney isn’t just a legal guide; they’re a source of clarity through turbulent times.
At Gaslowitz Frankel, we want to arm you with the knowledge you need to make the best decision for your unique situation. That’s why we’ve put together this shortlist. Continue reading below to learn more about working with a trust litigation attorney:
What is a Trust Litigation Attorney?
An experienced trust litigation attorney can help you gain closure regarding a trust dispute. These disputes generally occur between the trustee and beneficiaries of a trust. Alternatively, a trust dispute may be initiated by a family member who was not named as a beneficiary of the trust.
Unlike many legal disputes, in which the time to assert a claim is limited to four to six years after the events at issue in the claim occurred, trust litigation can be filed many years after the events leading to the claim occurred if the beneficiary or potential beneficiary did not have notice of their claim. This can also be the case in situations where beneficiaries were minors when the key events transpired, as the limitations period for such beneficiaries does not begin to run until they reach adulthood. .
A trust litigation attorney advocates for either side of these disputes – the person bringing a case to court, or the lawyer defending someone named in a case. So, when do you need a trust litigation attorney in Georgia? Here are three times when it’s the right move:
Related Article: Trust Litigation Attorney: What to Look For
1) Undue Influence or Fraud
When someone makes decisions regarding their assets, they must be acting voluntarily, and be of sound state of mind. Unfortunately, this is often not the case. Especially when the trustor is elderly and/or suffering from dementia. If you believe a trustor has been coerced to structure the trust in a certain way – or worse: if you believe someone fraudulently structured the trust without the trustor’s permission, it’s time to call a trust litigation attorney.
2) Conflicting Interpretations
Exploitation comes in many forms, and even if someone didn’t forge a trust document, it’s still possible that there was wrongdoing involved in drafting the trust. For example, if someone leaves a large portion of their wealth to a caregiver instead of their immediate family, a closer look may be warranted. While not necessarily coercion, it’s entirely possible for someone who is vulnerable due to age or cognitive decline to misunderstand the terms of a trust drafted for their signature. . A trust litigation attorney can assess the validity of a trust and file a claim to set aside the trust, if necessary.
3) An Unlawful Trustee
Situations in which a trustee is also a beneficiary of the trust can also be problematic. This can cause a conflict of interest, as the person administering the trust also has a personal stake in its administration. For example, a trustee who has an interest in the trust may administer the trust for his own benefit rather than the benefit of all the beneficiaries. If you feel that your trustee’s integrity is compromised, it’s time to find a trust litigation attorney.
Related Article: When is Trust Litigation Called For?
Georgia Trust Litigation Attorneys
A trust litigation attorney can advise you regarding any potential trust dispute and help you deteremine whether to litigate or seek alternative means of resolving your dispute. The attorneys at Gaslowitz Frankel LLC have decades of experience with trust and estate litigation, and proven results with even the toughest of cases. Our attorney’s expertise and compassion treat every case with the diligence and attention it deserves.
