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What Are the Various Kinds of Estate and Trust Disputes?

Over 40000 cases relating to the estate matters are filed in the probate court. Majority of the estate cases involves the situation where the beneficiaries and the trust/trustee are in dispute. The trust dispute later turns into a costly and lengthy legal battle. One of the common thing that makes the estate matter more complicated is the family relation.

One of the main thing that cause the trust dispute is the modification of the trust. The modification to the original trust can either be introduced by the trust of the beneficiaries. The trust can only be modified in the court. The petition must be supported by the facts that it is meant to help in the management of assets as per the intention of the trustor. The modifications cannot be successful, if some of the beneficiaries are against it.

Every trustee is required to act in the best interest of the beneficiaries. In the case the trustee is acting contrary, the beneficiary will consider it as a breach of the fiduciary duty. No fulfilling the directives of the trust, comingling of the assets, taking advantage of the position, and mismanagement are some of the situations where the trustee may breach the fiduciary duty.

If a person is questing the validity of the trust; a trust disagreement may arise. During the time of drafting the trust, the trustor is supposed to be mentally sound. Another feature of a valid trust is that it is not subjected to undue influence. There should not be an aspect of fraud in the trust. The court may invalidate the trust in the case any of these requirements are not met.

If there is any dispute over the trust, the matter can be very complicated and therefore finding a resolution by yourself can be challenging. Find an estate attorney to help in this matter. These are kind of lawyers that have extensive knowledge in the matters of trust. Expertise of the lawyer is the most essential thing that you need to consider. Read the online reviews to determine the kind of lawyer that you are dealing with. When you working with the best lawyer, you are sure that the case is going to be ruled in your favor our.

The trust breach claims can only be filed with a span on six years after the occurrence. It is however vital to note that the time limit varies with countries. You are going to get a ruling on the matter after you have filed the case; the lawyer is going to represent you. The trustee can only be removed from their position only with the direction of the trustor.

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