Are you involved in a current dispute with another person who is a stakeholder on a legal trust? If so, you may need the services of a South Carolina trust litigation lawyer. As an area trust litigation lawyer can tell you, these cases can become complicated quickly. You might find yourself in over your head if you do not hire an experienced and vetted legal representative.
The sooner you can consult with a South Carolina trust litigation attorney the more clear you will feel about the case as well as your decisions about how to proceed. You need to find an attorney who is dedicated to representing those throughout South Carolina with concerns in probate and trust related matters. Whether you are a beneficiary or a trustee who is currently involved in a dispute over a trust, you deserve to have insight into what this means for your future.
Why Would I Need a Trust Attorney?
A trust is created by a person known as a trustor or a grantor who transfers property to a third party, the trustee, for the benefit of selected people known as beneficiaries. The trustee has a legal responsibility to hold and administer the trust property for the benefit of beneficiaries. Trusts are not subject to court supervision and remain private unless trust litigation arises. Trust litigation is an umbrella term used to describe all trust related actions that are brought to court typically by trust attorneys.
When there is some aspect of the trust being disputed, whether it’s basic construction or the actions of the trustee, this leads to trust litigation. Trust disputes can be notoriously and financially taxing. Tensions that arise between beneficiaries and trustees can make trust administration much more difficult and can also lead to expenses and heavy time costs. A knowledgeable trust litigation attorney in your area can help you to handle trust disputes more efficiently, giving you peace of mind and reducing your burdens. When issues arise related to a trust from beneficiaries claimants or trustees, the matter can be brought to probate court.
Trustee breach of fiduciary duty, trust misappropriation, undue influence, trust contests, trust administration issues and inheritance disputes are all common examples of trust litigation. If you find yourself in these circumstances you need to educate yourself about your standing in the case as soon as possible. Far too many beneficiaries are not aware of their legal right to hold a trustee accountable due to breach of fiduciary duty. Trustees have a fiduciary responsibility to beneficiaries of the estate and when this is violated the trustee can be removed from his or her position.
Recognizing the circumstances in which a trustee has violated these rules and figuring out how to move forward can give you a great deal of information that is instrumental in helping you remove an untrustworthy trustee. Circumstances surrounding claims like misappropriation or embezzlement are serious matters and should only be handled by experienced and knowledgeable lawyers. When you are contesting a trust or the actions undertaken by a trustee, you need to be prepared to proceed with clarity over what is involved and how best to represent the beneficiaries’ interests.
It is also possible that you might not agree with the other beneficiaries on the trust, exposing you to further unnecessary problems. Do not hesitate to get help from a lawyer who can help advise you as to whether your interpretation of the terms of the trust is correct and whether or not the trustee has acted inappropriately. If you can show that the trustee has violated the laws of the terms of the trust, this information could become the basis of your trust dispute.