The unfortunate nature of death leaves a massive loophole in property inheritance by the bereaved family members, friends, and associates. Fortunately, the existence of a will aids in the effective distribution of the property, ensuring that no quarrels ensue over the deceased’s property. Regardless of the presence of the will, sometimes the beneficiaries don’t get contented with the property division and seek further legal advice and judgments to serve their interests. The will’s authenticity gets fully determined to ensure that the deceased didn’t get coerced into writing the will. The other issue is when the beneficiary of the property left behind is a minor, thus requiring a trustee to manage the property till they come of age. The Hartnett Law Firm provides trust litigation attorney services which come in many forms due to the possibility of its occurrence before or after the settlor’s death. The many different forms in which trust occurs create great material for a dispute and make it quite sensitive. The nature of the litigation cases requires the skills of an experienced trust attorney Dallas to ensure that all the case details get well addressed in the client’s interest.
Reasons for Trust Creation
Trusts come in handy in the protection of properties left to the minor from incompetence. Some of the properties left to the minor require certain obligations which the minor does not qualify for due to age or experience to manage well hence the need for trust. Some of the obligations include tax benefits, creditor protection, privacy, and the considerable sum of money related to the property. Trust agreement enables the settlor to determine how the property gets distributed to the beneficiaries, which must be adhered to when the time comes. The successful execution of the trust agreement ensures that both the settlor and the beneficiaries get content with the whole process as everything goes according to plan. When it comes to trust cases, they accrue an hourly fee and sometimes a contingent fee, depending on the circumstances. Type of trust, the dispute involved, and type of distribution available are some of the trust attorney Dallas trust case circumstances that attract a contingent fee. In addition, the trust creation ensures complete protection of the settlor property with effective management and execution of the obligation, which protects the interests of the settlor and the beneficiary. Also, keen care needs to get taken when selecting the trustee to ensure the complete protection and management of the property without it getting lost to the selfish interest of some trustees.
Causes of a trust dispute
When the trust parties involved don’t get content with the whole process, there comes a conflict that leads to a trust dispute. In addition, the trust case can get initiated by several people to follow up on the trust authenticity and successful execution. The case begins with the unsatisfied beneficiary having an issue with the whole trustee, terms of the agreement, or the creation process. The effective filing of the case plays a considerable role in the whole case procedure hence the need to have an attorney to help and guide through any complex situation that may arise. The Hartnett Law Firm provides clients with expert trust litigation services that guide them to successfully resolve their disputes with the adequate protection of client interests. The disputes that arise include:
- Trustee Disputes
The trustee is the party involved in managing and executing property obligations on behalf of the beneficiary, as stated in the trust agreement. The trustee gets required to fully protect the interests of the settlor and the beneficiary with complete compliance to the trust agreement. However, sometimes a trustee dispute may arise due to several reasons: breach of fiduciary duty, self-dealing, enforcement of distribution terms, material violation of the trustee terms, trustee incapacity, or trustee mismanagement. Trust attorney Dallas guides the aggrieved throughout the process and ensures the recovery of the trustee’s damages and their removal from the agreement. On the other hand, the trustee has some protection, including the right to use the trust funds for his defense. The law firm fully considers both party’s rights. It provides the required litigation, which has enabled them to effectively represent settlers, trustees, and beneficiaries, fully protecting their interests as per the trust agreement. However, if the allegations against the trustee get found to be incorrect, then no changes are made to the trust agreement, and the trustee continues to execute their agreement duties.
- Trust Creation Disputes
The process of trust creation itself can cause a trust litigation dispute due to several factors. The trust must be valid to hold, and the settlor must have had the interest to create the trust without the coercion of any other party. In addition, the trust attorney Dallas must ascertain that the settlor has the proper mental capacity to create a trust and is in complete control of their decisions, free of undue influence. If the mentioned factors don’t get well determined, they create a trust creation dispute avenue which if well-proven, the whole trust agreement gets revoked since the creation process wasn’t genuine as required by the law. Mainly the disputes occur when a family member feels cut out of a testamentary trust. In addition, they could get displeased about the other beneficiaries. The trust attorney Dallas enables the plaintiff to effectively strengthen their case and determine that everything gets done according to the books. There is a trust attorney Dallas variety of situations that lead to trust litigation and when a client believes in the creation, maintenance, or management of a trust. The whole process requires that the processes for trust creation and execution become well-executed to avert litigation issues arising from the trust agreement. When the trust agreement gets well handled, it ensures that settlers successfully transfer their property to their beneficiaries without any hitches, and the properties don’t get misused. The successful transfer enables the beneficiary to benefit from the properties without any wastage fully.