Vital Services That A Trust Litigation Attorney Provides To Clients
When you expect to benefit from a loved one's trust, you want the estate to handle your inheritance fairly and promptly. However, legal concerns can easily arise that put your inheritance in jeopardy.
Instead of entrusting the court to make a decision that benefits you, you can hire legal representation to argue for you in probate court. You can take advantage of the vital services that an experienced trust litigation attorney can provide to you.
Read on to learn what a trust litigation attorney can do for you.
Proving Coercion or Undue Influence
If you suspect that your loved one was coerced or unduly influenced when he or she made out his or her will, you can hire a trust litigation attorney to challenge the will in court. Your attorney can provide evidence to show that the deceased would have never made the decisions regarding his or her trust that are evident in the current will. He or she can also show that someone else purposely coerced or influenced the deceased person with the intention of benefiting solely from the will.
The concerns that your trust litigation attorney raise can be sufficient for the probate judge to throw out the current version of the will. The judge may recall the former version of it, or decide himself or herself how the trust should be executed.
Proving Breach of Trust
Your trust litigation attorney can also argue that the fiduciary or trustee misappropriated funds in the estate, or outright stole them from the beneficiaries. He or she can provide evidence, such as receipts or time stamps, to show that funds were taken out of the estate without just cause. Your trust litigation attorney can convince a judge to find the trustee or executor guilty of fraud and order that person to pay back the funds that he or she wrongfully took from the estate.
Finally, an experienced trust litigation attorney can argue that the will was forged and that the deceased did not sign his or her name to it. He or she can compare signatures of your loved one and show that the signature does not match up to the one on the will.
A knowledgeable trust litigation attorney can provide important services to beneficiaries like you. He or she can argue that the will was created from the undue influence or coercion of someone else. He or she can also raise the question of fiduciary misappropriation or the forgery of the signature.
For more information, contact a Trust Litigation Attorney in your area.