How to Select the Right Trustee
A trustee is the person who manages the assets in a trust. Depending on the terms of the trust, the trustee may also have discretion over when distributions are made to beneficiaries. One duty of a trustee may be to invest assets to increase the value of a trust. The trustee may be considered legally […]
What is the Role of a Trust Litigation Attorney?
Everyone has a need for an estate plan regardless of how many assets they own. Estate plans can involve much more than the mere distribution of property following an untimely death. But, some people have significant wealth that must be protected at the time of their death if they want to avoid a complicated probate […]
Most Common Asked Questions About Trust Litigation
Estate law can be very confusing for the typical individual who is concerned about protecting their wealth while advancing assets on to the next generation or personal friends. Trusts are an excellent method of ensuring property is transferred upon death to the individual designated by the defendant. But, even with a seemingly solid estate plan […]
How Undue Influence Can affect Trust Litigation
What is Undue Influence? Undue influence is defined as “influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences.” Though the term has been defined, it may be difficult to pin down the legal definition. Most lawyers would say, “I know it […]
What is Trust Litigation and How Can It Be Avoided?
When planning an estate, a trust can be created to pass along an asset to a loved one, known as a trustee. Though this person is chosen by the one passing along the asset, there can be conflict that arises related to how the trust is carried out. In these instances, it is usually someone […]
Can a Successor-Trustee be removed?
Can a Successor-Trustee be removed? Many people wonder if it is possible to remove a successor trustee. This is a confusing topic as there are some cases in which this is possible and others where it is not. You cannot simply remove them because you feel like it. However, there are three ways that they […]
Why an Attorney Can Help a Complex Trust Litigation Case
A trust is often viewed as the best way to fairly divide the assets of loved ones who have passed away. A trust fund is established during the individual’s lifetime where the grantor establishes the trustee and beneficiaries. The grantor then works with an attorney to create a trust document that dictates how assets transferred […]