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Trust Litigation Archives

How are trusts disputed in court?

Trusts are a great way to avoid a lot of trouble with bequests while giving the highest possible value to children, relatives and charitable organizations. Smart people often use the estate planning process to move past simple wills and put assets and properties in trust.

Vague instructions regarding trusts may complicate litigation

The process of estate planning can be confusing, but it is certainly no worse than the difficulties faced in probate and trust litigation. If a will or trust document is not clear or executed properly, possible inheritors and benefactors may not know to what they are entitled.

Lawsuit challenges California land acquisition under trust

Trusts are often recognized as one of the best ways to convey property or money to someone as part of an estate plan. The reasons to create a trust extend from saving on possible taxes to seeing that a lifetime wish is enacted during a person's life.

When can a Florida trustee be removed from their role?

Individuals set up trusts for a variety of reasons. Some do it to protect a loved one's eligibility for government benefits. Others do so to keep their assets from being overtaxed. Some do it so they can more easily transfer property to their heirs without it passing through probate.

Did undue influence undermine a trust?

You knew that your organization was going to benefit from someone's estate when they passed away. The two of you had talked about it before; you were both friends, they'd been very involved in your organization over the years and it was important to them.

How to pick charitable trust benefactors

An important instrument that many individuals of means often set up as part of their estate planning toolkit is a trust. By doing so, they provide their heirs or beneficiaries with many tax savings benefits. Many people decide to leave behind some assets to their family members or close friends. Others leave their remaining assets to their favorite organization as part of a charitable trust. Picking the right charity to leave your assets to isn't always easy, however.

Trust litigation might be necessary for non-profits

When someone creates an estate plan, they might include trusts in that plan. It is expected that those will be handled in the manner in which the person instructed. However, there are times when things might not move forward as they should. One issue that sometimes comes up is that the estate plan isn't set up how it was intended to be. This is sometimes the case when a person promises a donation of something to a non-profit and then doesn't put anything in the estate plan to actually reflect that donation.

What will a Florida judge want to know when I contest a will?

If you've met with an attorney to draft a will or set up an estate, then you're probably familiar with them asking you if the wishes that you've expressed are being made of your own free will. The reason that they ask this is to make sure that you're not under someone else's "undue influence".

What are common grounds for contesting a trust?

When a person passes away, their estate directives may come as a shock to their loved ones. Perhaps the person spoke for most of their life about leaving their estate to a particular charity, but instead left it to one of their carers that they had known in their final months.

Legal matters relating to trusts must be handled swiftly

Trusts are useful tools for people to distribute assets after they pass away. The trusts holds the assets, which are managed by a trustee. For the most part, there isn't much that can be done when heirs don't agree with the terms of the trust; however, there are some situations that might require legal action. We are here to help you determine whether you have any recourse if you feel that the trust isn't what it is supposed to be. If you do have options, we can help you exercise those.

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