Missouri Trust Litigation Lawyer
Do you know when it’s time to contact the offices of a Missouri trust litigation lawyer? A Missouri trust litigation attorney is the person that you should contact when disputes arise in the process of handling the administration of a trust. The person appointed to handle all of the assets inside and the administration of the trust is known as the trustee.
Sadly, many disputes can pop up as it relates to the beneficiaries of that trust and the actions of the trustee. Answers to questions should be obtained as soon as possible from a trust litigation lawyer in Missouri when you believe that a dispute has happened. The sooner that you can engage the services of a lawyer, the easier it will be to get your questions answered, so that you can make informed decisions about moving forward with trust litigation.
Unfortunately, this is often a highly emotional situation and one in which it is difficult to separate your personal feelings from the facts at hand. Working with a trust litigation in Missouri, is a great way to get clarity on your case of trust litigation and whether or not it makes sense to move forward with a legal claim.
Trust litigation can occur due to a variety of different types of issues, but the common root is that it is often a misunderstanding or a conflict between the trustee and the beneficiaries.
For example, fiduciary issues can occur, such as whether or not the trustee engaged in self-dealing, made an appropriate effort to save in costs and taxes, followed the instructions outlined in the trust instrument, committed fraud, charged excessive fees, or invested the assets inside the trust prudently. This can often be a complex area of trust litigation because a beneficiary might not understand all of the issues at play and a trustee might not be effectively communicating his or her concerns and actions with beneficiaries. This is why it is imperative to get legal support as soon as possible, to clarify these important issues.
Questions can also arise in trust litigation as it relates to the trust itself. First of all, if the settlor, also known as the creator of the trust, did not have the appropriate mental capacity to execute the trust, or if the trust was due to undue influence or was not properly signed, these are all matters that can call the very foundational integrity of the trust into question. This can mean that the trustees role in the administration of the trust might change dramatically, meaning that it is important to retain an attorney who has handled cases like this before.
The final type of common trust litigation case has to do with arguments among classes of beneficiaries. For example, what happens to a second family or a second wife, and do they take preference over family from the first marriage? If there are grandchildren and children associated with the trust, who takes preference in that situation? And what happens for those children who might be involved in the management of a family business when compared to those who are not active in that process?
Many trust disputes occur because trust beneficiaries are not getting the information they want. In some cases, the beneficiaries may be entitled to this information and the trustee might be refusing to keep them up-to-date. In other circumstances, however, those beneficiaries might not be entitled to the information at all.
When clients seek out trust litigation, it’s important to get legal counsel to have an honest appraisal of your case. This can help you to determine your goals, the basis for the dispute, and whether it is worth the emotional and financial costs of proceeding with trust litigation.
Anyone involved in a dispute over a trust or contemplating the provisions of a trust and how it could relate to a legal dispute, should consult an attorney who understands the costs and complexities of trust litigation. Trust disputes can involve psychological and emotional aspects that are similar to other types of probate disputes and both of these kinds of disputes also involve questions of inheritance.
Only a qualified attorney who has been practicing in this field of law for some time, can help advise you about your rights and responsibilities. Whether you were a trustee involved of involved in claims of self-dealing, or a beneficiary who has concerns about the actions of a trustee, it is critical that you get the support of an attorney as soon as possible to protect your interests.