The Benefits of Working with an Experienced Trust Litigation Attorney
When you engage in estate planning, one of your foremost goals may be to avoid any legal complications. In particular, you may wish to spare your heirs and beneficiaries from any costly, time-consuming courtroom hassle. You can often succeed in this goal by working with a skilled estate planning lawyer and selecting the correct estate planning documents.
Even the most meticulous estate plan can be subject to disagreement, potentially calling for legal counsel in dispute resolution. Whether you’re looking to bring a dispute against a trust or defend a trust, finding someone with expertise in trust law is essential.
Understanding the Role of a Trust Litigation Attorney
When we talk about trust litigation, we’re simply talking about any legal dispute arising over a trust. These disputes may arise between various parties, such as between the trustee and beneficiaries, as well as those outside the trust’s terms (for example, family members who feel like they were unfairly excluded from the trust). In some situations, disputes can also arise because multiple people are named trustees.
Resolving these conflicts can be highly emotional and involve much legal complexity. Enter the trust litigation attorney, whose role involves representing clients in court, providing them with legal counsel, and advocating for their rights.
A trust litigation attorney brings highly specialized knowledge of how trusts work, including a keen awareness of potential issues that can cause trusts to be disputed. A few common examples include undue influence, trustee mismanagement, and breaches of fiduciary duty. A skilled attorney can use this knowledge to craft customized legal strategies on the client’s behalf.
Expertise in Trust and Estate Law
There are several ways in which a trust litigation attorney’s legal expertise can be invaluable. Consider:
- While many fields of law have statutes of limitation, trust disputes can sometimes arise many years after the fact, well after the grantor and the original trustee have passed on. Comprehensive legal knowledge is needed to navigate these issues so far removed from the trust’s creation and execution.
- A trust litigation attorney can provide legal arguments for people on both sides of the issue, ably representing those who are defending how a trust has been administered or those who are challenging how a trust has been administered.
- A trust and estate law background brings ample knowledge of previous cases and precedents, which can be invaluable for developing a custom legal strategy.
- Additionally, trust attorneys may be able to counsel their clients on alternative avenues for conflict resolution. For example, pursuing an agreeable outcome through a negotiated settlement is often advantageous, as opposed to taking the issue to trial.
These are just a few areas in which trust law expertise can prove invaluable.
Tailored Legal Strategies
Ultimately, the best trust litigation attorneys will recognize that these disputes are not one-size-fits-all. As such, they will be prepared to:
- Counsel the client on whether their case has any merit and advise on the potential value of the case. In some instances, it may not be worth pursuing a legal resolution, hurtful though it may be to accept the terms of a trust as written.
- Provide insight into whether it will be more financially and legally advantageous to seek a settlement or to push for a full litigation experience.
- Advise the client on the types of evidence that will be most helpful for winning the case. For example, if the dispute calls into question the grantor’s mental capacity, obtaining relevant medical records and physician testimonies can be beneficial.
- Share insights into preserving relationships with other heirs, beneficiaries, and family members, even when engaged in a contentious legal proceeding.
- Help the client to identify the most explicit arguments to make to achieve their desired outcome.
The bottom line: When seeking to resolve a trust dispute, finding an attorney who will furnish customized legal strategies is imperative.
Effective Dispute Resolution
Ultimately, working with a trust litigation attorney aims to identify the best path to dispute resolution. This means:
- Avoiding litigation for mediation or negotiation whenever possible.
- Ensuring the best possible financial outcome, e.g., defending or recovering the largest sum of money.
- Expediting the process, steering past unnecessary hurdles, and seeing the dispute resolved as quickly as possible.
- De-escalating legal proceedings, minimizing tension or discord between friends and family members.
For Trust Conflict Resolution, Seek a Qualified Attorney
Trust litigation can be an unwelcome experience, but sometimes, it is necessary to ensure that the true wishes of the grantor are properly upheld and that heirs and beneficiaries receive what is rightfully theirs.
Contact a trust litigation attorney with a proven track record if you’re seeking the best possible outcome in a trust dispute. If you’re in Orange County or Los Angeles County, we invite you to schedule a consultation with the experienced attorneys at Max Alavi APC, OC Trusts Lawyer. The firm has been awarded the Super Lawyer Designation, only awarded to the Top Five Percent of Lawyers in this field. Contact us today to schedule your consultation with our team.
