There are many problems that can arise in the area of the will and trust that must be resolved by litigation. Litigation may involve a will contest, in which the validity of a will is challenged. There can be differences of opinion about the implementation of the will, the decedent capacity to make a will, the distribution to beneficiaries, heirs of the oppressed, or other provisions of the will.
Litigation can also result from the trust dispute as to whether the trust was properly executed, the interpretation of terms in belief, the individual capacity to implement the trust, whether there is undue influence or fraud, the right of a beneficiary or beneficiaries are not named, or issues concerning the administration of trustee trust.
Both beneficiaries and trustees may find themselves seeking help from a court judge to resolve the problem of trust. Other areas that may have problems developing that need to be resolved by litigation conservatorships, elderly abuse (physical or financial), and special needs trusts. You can hire the licensed will and estate lawyers via online sources.
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Probate and trust litigation often can be handled by the settlement, mediation, or other short determination of the court. If there is a trial, usually the trial judge makes a determination.
It is important to realize that if you are involved in litigating one or more problems in this area, you need an estate planning attorney who is familiar with the litigation process. Not all attorneys are comfortable in the courtroom or have the trial experience to handle the litigation.
To avoid your own free will or the trust of the challenged after your death, you should have your estate planning documents be designed by an estate planning attorney familiar with issues that may result in litigation if the documents are not properly prepared.