Many types of laws have been formulated in order to keep the Country work systematically. There are laws framed in the context of the creation of Trust too. A Trust is formed when an individual distributes his personal or business assets into a trust fund. Creation of a Trust Fund aids the creator to avoid probate (the legal procedure which validates or invalidates the will) at death and minimize the exposure to taxes. But there arise situations where the beneficiaries challenge the trust that requires trust litigation. The grounds that can be contested on Trust includes the mistake in execution.
There are certain pre-requisites that have to be followed while executing the Trust. When the trust has not been framed accordingly then trust litigation comes into the frame. The person creating a trust should create it freely without being under coercion. In case the Trust is created under undue influence, it will not be recognized under the law. Moreover, it is important that the person making the Trust should have the mental capacity to do so otherwise it would not be valid. The trust should be drafted according to the manner prescribed by the Court. The expert firms like Barr & Young Attorneys can be availed in order to get an idea regarding the Litigations.
Ways to prevent Trust Litigation
Nobody wants to get into a litigation case but there might arise a situation in your life where you might get into it. So it is better that you take precautionary measures in order to prevent any kind of problem for the execution of your property. You are advised to communicate your plans with your heirs. In case you intend to leave money to a specific party or charity which is not related to you then you should make sure your heirs know about it so that no complications arise in the near future. Drafting of the Trust should be done properly and if required, services of a specialized Attorney can be taken for creating a document so that it cannot be contested. The documents so drafted should be kept updated.
Choose the right Trust Litigation Attorney
It is necessary that you choose the right Attorney as disputed cases can go on in courts for a long time. You should be sure that the Attorney you choose is well experienced in the Trust Litigation and Probate so as to achieve the favorable results. The cases related to trusts are complex in nature and the Attorney must be familiar with the details of the case laws. Make sure they have sufficient courtroom experience.
Before you chose the Attorney, you need to be clear in your head regarding the expertise and help you require from them. It is important to schedule meetings with them and discuss the estate, trust and probate issues. Discussing the fees is another important criteria that should be sorted out before appointing an Attorney. Many offer free consultancy services like the Barr & Young Attorneys whereas few will require you to pay an upfront fee for a meeting.