Trusts are complex tools that are frequently used along with or in place of wills. They can even be used to accomplish financial goals in the case of incapacity, as well as death. If used properly, they can be extremely beneficial. Unfortunately, they can also be mishandled in the same way that wills can be.
Is Your Family Member's Trust Being Mishandled?
At Reminger, our trust litigation lawyers can stand beside heirs in trust contests. We strive to set things right for beneficiaries in estate disputes. You can count on our experience to help you get the results you need.
Reasons for a Trust Contest
The complexity of certain types of trusts means that many things can go wrong, from handling tax issues to distributing the assets held by the trusts. Some examples of issues that lead to probate trust litigation include:
- A family member is not issued trust payouts in a timely manner
- Someone who should have been included as a beneficiary of the trust has been removed due to undue influence exerted on the deceased by another family member
- A person who lacks capacity has been manipulated into executing a trust or amendment
- A trustee — the person in charge of the trust — uses it to meet their financial need first, rather than distributing assets according to the terms of the trust
- A beneficiary is not being provided information about the trust, to which they are entitled
We have the experience to get to the bottom of even the most complicated disputes involving contests of a living trust.
A Question of Interpretation
Not all trust contests are the result of wrongdoing on the part of a trustee or an heir. In many cases, these estate disputes are simply the result of a poorly drafted trust.
If the person who established the trust failed to do so properly, questions of interpretation could arise. One interpretation may benefit one heir, while a different interpretation might benefit another. This can lead to a serious dispute.
- Fairness and Fees in Inheritance Disputes
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- Should I Challenge My Inheritance? Part Three: Red Flags and The Misuse of Trust
- Should I Challenge My Inheritance? Part Two: The Problems with Proof
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- No Exceptions: Ohio Supreme Court Holds that Voiding Statute Applies to all Wills Admitted to Probate
- FINRA Adopts Rule 3241 to Address the Ability of Associated Persons to be Named as Beneficiaries of or Executors, Trustees or Attorneys-in-Fact for Customers