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Trust Administration & Litigation

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Establishing a Trust as Part of Your Estate Plan

Let us help you organize your estate for the most efficient transfer of assets.

Establishing a trust as part of your estate plan can help you avoid estate taxes and accommodate complex internal issues relating to family marriages and alliances.

In the event that someone passes away without establishing a trust or will, a special petition must be filed with the court to determine who should be named as heirs and appoint an Estate Executor. Creating a trust or will early on ensures that your assets are taken care of the way you wish.

We Are Experienced Trust Litigation Attorneys

It is possible that familial disputes may arise, and litigation becomes necessary for resolution. A few examples of common types of trust litigation include:

Breach of Duty

This is where the trustee has breached his or her duty with respect to the provisions of the trust.

Plan of Distribution

When a trustee needs to distribute assets to beneficiaries, the plan must first be court-approved.

Trust Amendment

A trustee must obtain the court's permission in order to make amendments to an irrevocable trust.

Who This Service is For

Trust litigation usually involves trustee misconduct, yet some trustees may be working tirelessly to do the right thing, yet still face litigation in spite of effort to be honest and responsible as a trustee. Whether you are a beneficiary or a trustee who has encountered a dispute, we can help you avoid court.

Is It Possible to Avoid Court During Trust Litigation?

You may have the option for an informal probate if there is an existing will.

An informal probate happens when an application is filed with the court along with the deceased's will and can be an efficient method to resolving disputes if all parties are in agreement. If a formal probate is necessary, the required legal steps must be taken to resolve the issues within a courtroom.

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Want to Learn More?

After the death of an individual who established a Trust, the administration process handles expenses and outstanding debts. This is also a process in gathering assets for distribution, retitling the assets toward beneficiaries, and handling preparation and filing of gifts. Estate and income taxes and eventual distribution to the intended also occurs.

Trust law dictates that each of these necessary steps is handled diligently and precisely.

Trust and estate litigation requires skill and experience of a legal that understands the elaborate legal and financial issues involved. Sometimes there also are delicate emotional cases that also must be handled with care.

Protect the rights of heirs and family members. Litigation is necessary because of poor drafting of the testamentary documents or as a result of disputes among the beneficiaries or the individuals named to manage the assets of the Trust or estate.