Trust Litigation

New Hampshire Trust Litigation Attorney

A New Hampshire trust litigation attorney is the person that you should turn to and get support from as soon as possible after you believe you are involved in a trust litigation case.

When Do I Need a Trust Litigation Lawyer?

A trust litigation lawyer in New Hampshire is necessary when a dispute or conflict occurs related to the streamlined distribution of trust property. This relates to two primary groups of people; heirs and beneficiaries, and trustees. Heirs and beneficiaries are those people who are entitled to receive assets from within a trust whereas a trustee is the person responsible for managing the trust. Most trusts are constructed in a way that the instructions are explicitly stated. However, there can be ambiguity within a trust which means that a trust litigation lawyer might be necessary.

In spite of a well-drafted trust document, legal issues might still occur that could require you to hire a trust litigation attorney in New Hampshire. One of the most common reasons for trust litigation to start is because the person who made the trust did not have the proper legal ability or authority to do so. For example, the beneficiaries might have to challenge the executor’s state of mind. This can be a very complex type of case to handle because it requires significant proof to win in court. The validity of the entire document can also be called into question. Because these are notoriously complex trust litigation claims, these should only be handled by a professional. If it can be shown that the creator of a trust was coerced, this is yet another reason why trust litigation might be opened.

As a result of undue influence, an individual who creates a trust might have been encouraged to distribute assets in a specific way that could be viewed as extraordinary. This could be categorized as a case of elder abuse, for example. One of the most common aspects of trust litigation claims has to do with breach of fiduciary responsibilities. The trustee who manages the assets within a trust and communicates with beneficiaries has a legal responsibility known as fiduciary duty. This means that they must act along with the terms laid out in the trust and not engage in any activities like self-dealing that could harm the beneficiaries of the trust while giving them personal benefits.

A fiduciary could be seen as in breach of a trust open to a legal claim if they fail to meet these obligations. Document forgery is yet another example of when trust litigation can be opened. When a document has been completely forged or someone’s signature has been faked, this leaves the possibility of not only a civil legal challenge but criminal issues as well. Trust litigation in New Hampshire is very complicated and might require multiple different legal actions.

It is imperative that anyone who believes they have grounds for a trust litigation come forward with their evidence and show this information to a lawyer as soon as possible. An attorney who has broad experience in trust, probate, estate, and related issues will likely be needed to effectively resolve many of the concerns that might pop up when trust litigation becomes a likely possibility. Trust litigation can be very complicated and also can raise emotional conflicts within families. This means that these issues need to be handled sensitively and with care.

Claims Against Trustees

A claim against a trustee not only attacks their personal credibility but their liability as well. A trustee who has been shown to embezzle funds out of a trust, for example, could be held accountable e for damages that they have caused the trust and might have to repay that out of their personal accounts. Because there is so much at stake with serving as a trustee, it is often passed on to a friend, family member or a professional who has extensive experience in this field. Even when that happens, however, if beneficiaries have evidence of improper behavior on behalf of a trustee, this can be brought forward in the form of a trust litigation claim.