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Trust Litigation Archives

What gives way to wills and trust legal battles?

One of the many responsibilities of the executor of an estate is to take a decedent's many assets and to divide them up between their heirs. What you may not realize, though, is that it's this splitting up of money and property that often leads to contested wills and trust cases.

How trustees can help avoid facing lawsuits

When people are asked by a friend or loved one to administer a trust after they die, they generally don't consider the possibility that they could end up in court with family members (even their own), business associates of the deceased person, charities or other beneficiaries who don't believe the trust is being properly handled.

Can a charity really sue you or your estate over a pledge?

It's not uncommon for individuals who are moved by a charitable organization's efforts to want to pledge their support to aid them in funding their future outreach. This is why many people set up charitable trusts or sign contracts promising to make a future contribution to a charity. Many of these nonprofit organizations will request that a donor places any oral pledges in writing. When charities don't get what's promised to them, they often file a lawsuit.

What are reasons living trusts may be contested?

Individuals who place their assets or property into living trusts do so in hopes of being able to more easily transfer their assets over to their loved ones when they pass away. While many trustors hope that setting aside their property in a trust will make things easier on their family, any loved ones that have to deal with someone who contests its existence may think otherwise.

Protecting charitable trust donations after a challenge by family

Nonprofit and charitable organizations depend on the financial support of people and businesses to continue working toward their goals. Some people will send support in the form of a single payment, while others might commit to monthly contributions to your charity.

What remedies exist in breach of trust cases?

Many Melbourne residents with means set up trusts to make sure that their estates don't have to pass through probate when they die. This can protect a decedent's loved ones from having to go through a long process to transfer or receive assets. This process isn't always conflict-free though. There are instances in which trustees fail to administer trusts appropriately. There are remedies that beneficiaries can pursue in these instances like this.

Bank caught in trust litigation over generation-skipping account

Trusts are big business in Florida, and they help businesses to keep going. Trusts include a broad range of legal and financial instruments that put people or parties in charge of assets on someone else's behalf. One of their most popular uses is passing on property without having to include it in a last will and testament.

How can mental incapacity be proven post-death?

It's common for questions to be raised regarding the mental capacity of a decedent after they have passed away. These questions are often raised because the beneficiaries of the estate are surprised about the wishes that their loved one has expressed in their will or trust.

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