Idaho Trust Litigation Lawyer
Creating a trust empowers the creator to determine the speed at which and the assets that will be passed on to beneficiaries. A trust gives an additional layer of control and also privacy because it does not become a matter of public record like a will does. Just as a will could become the subject of probate litigation in the form of a will contest, however, probate litigation can also turn to conflicts regarding the creation of the trust, its validity or the trustee’s actions specifically.
As an Idaho trust litigation lawyer can tell you, the prompt response of a trustee to retain legal representation can make a dramatic difference in the resolution and outcome of the case. Beneficiaries who are unsure of their rights and need support in understanding whether or not a trustee has crossed the line, should reach out to a trust litigation attorney in Idaho immediately to verify whether or not they have grounds for a legal claim.
Trustees in Probate Litigation Claims
Generally, third parties who are granted fiduciary responsibility to follow trust directives include family members, lawyers, a CPA, a corporation or a bank. They must carry out the wishes of the creator of the trust and represent the best interests of the beneficiaries. This individual is usually paid out of funds inside the trust for the work that they complete.
A trust construction suit is one form of probate dispute that can occur. These are requests that inquire the court to identify the legal effect or meaning of the wording outlined in a trust. Those estate plans that have been drafted by non-attorneys are especially susceptible to trust litigation claims of this nature. Interpretations of various people can quickly lead to confusion and conflicts among family members. Trust modification, reformation and termination suits are other examples of probate litigation cases. In a trust reformation or modification suit, these are proceedings that ask for the court to fix the terms of the trust because, according to a trustee, something about the trust language improperly communicates or fails to communicate the testator’s entire wishes.
In a trust termination suit this is a form of probate dispute to terminate a trust because either the purpose of the trust has been completely fulfilled or if a beneficiary was only to receive their inheritance if they met certain conditions and have been unable to do so. Breach of fiduciary duty actions can also be lodged against trustees as well as executors, power of attorney agents, and guardians if it can be shown that one or more of these individuals caused harm to the beneficiaries through their employment.
The most common example is associated with financial abuse due to undue influence on a benefactor, like having the benefactor sign a legal document that they would not otherwise have done were they in proper mental health. In all of these circumstances, it is imperative for the involved parties to have their own legal counsel retained immediately after the issue has emerged. Attempting to resolve things outside of court might only escalate the issue and lead to further problems. Contact a personal representative attorney in Idaho to learn more.
Speak with someone who has handled cases like this before to increase your chances of success in the short and long run.