Most Common Asked Questions About Trust Litigation
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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 that is intended to protect family wealth from taxation and creditor attachment, estates can still be contested when certain inheritors feel they have been denied ownership of property that is rightfully theirs. The result is usually estate litigation when the claimant is requesting the court to investigate the material facts associated with how the trust was established. This is actually not uncommon in the court system, as all decedent estates could be subject to probate if all assets are not put in a trust of some sort.
How Can I Avoid Trust Litigation?
One of the best methods of avoiding trust litigation is retaining an experienced trust litigation lawyer in Brea, CA who is highly experienced in estate planning and resource protection to prepare the paperwork for filing. This means the trust maker or trustees can have peace of mind knowing transfer of property is already set in writing and recognized by the court. Performing this task while of sound mind is always best because mental state or coercion from others is the most common basis for contesting an estate plan structure.
Does Specific Language Matter?
Many trusts will contain several types of assets such as land and vehicles as well as paper assets, and actual language in the trust should not leave any question regarding for whom the property is intended. This will be the final determination when a challenger is making a claim based on oral communications with the decedent. Being specific is important, and documentation that is properly written, signed, and witnessed will almost always hold up in court when no signs of coercion can be proven by the claimant.
What Trust Litigation Attorney in Brea CA Should I Hire
The attorney you choose can make a significant difference in a trust litigation case. Having a Brea trust litigation lawyer who has focused their career practice on estate planning means any surprises that may lie ahead in estate settlement can be dealt with before they happen. That Brea probate attorney can be found at Fridley Law Firm.