There are many ways that people work to arrange the distribution of their assets once they are going, often through wills and trusts. When the person who is designated the position of “trustee” does not manage the assets in the manner dictated by the person who left the trust, a dispute will often arise. Sometimes family members feel that they should not have been omitted as a beneficiary and they may challenge the validity of the trust. The genuine interest, or the lack of it, by the person who drafted the trust in those who are listed and the reasons behind the designation can make the difference in whether the named beneficiary ends up in trust litigation.
The Legal Language:
The person who wants to set up a trust for a loved one will tell the attorney what they want and the attorney will create the required legal documents. Since most of us lack the expertise to read a document that is written in legal language, they must entrust the job to the professional who has been trained to do so. If another person in the family feels that the trust was improperly drafted, they may challenge it and find that some of the details are actually open to interpretation.
The Freedom of the Trustee:
An appointed trustee may assume the responsibility for the trust and invest them in risky ventures or simply deplete the trust. The conditions of the trust often give the trustee broad latitude for what they may do with the assets. If you have been named as the beneficiary of a trust that has been depleted through one means or the other, you will need to find an attorney you can trust to represent your case in trust litigation. James S. Mitchell is an experienced, trustworthy attorney with a long track record of successful trust litigation in Omaha Nebraska.
Trust Litigation vs Trust Mediation:
The first step towards determining if you have a case is to talk with a trusted attorney about the trust agreement. Whether you are the beneficiary named in the trust or you believe that an error has been made in designing the trust and you have been omitted mistakenly, the attorney will be able to interpret the conditions of the trust and let you know whether you have a reason to pursue your case.
There are no guarantees that any case will come out in your favor. Trust mediation may be a good alternative to trust litigation if you cannot afford to go through a lengthy trial or you are not confident that you will win your case. Mediation is a much more affordable option that allows you to work with the other party to find an agreeable solution to your dispute.
For those cases that require trust litigation to reach a resolution, finding an attorney who specializes in trusts is essential. The sooner you find the right attorney and begin to prepare your strategy, the more likely you will be to have the best possible representation when your case is presented.