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Trust Litigation Attorney in Towson, Maryland
Coping with the death of a loved one is never easy. While dealing with the grieving process, most people are also left trying to manage the legal and financial challenges related to trust and estate administration. You may not know how to begin the probate process, how to determine if a will is valid, or what is involved in trust administration.
The process of estate and trust administration can be time-consuming and full of legal complications, most especially if there are disputes among family members. When a dispute arises regarding a will, a trust, or the administration of an estate, you can count on our reliable Maryland estate planning attorney at The Grafton Firm to represent your interests. Contact our estate planning law firm today for a free initial consultation.
Why Do I Need a Trust Litigation Attorney in Maryland?
When beneficiaries or families get into disagreements over a trust or an estate, the emotional impact and legal consequences can be devastating. While it’s best to try and avoid estate disputes by preparing the recommended estate planning documents, sometimes unavoidable conflicts arise that warrant some form of legal action. Once a dispute arises, individuals can resolve estate and trust issues through litigation.
- When litigation is unavoidable, you can trust our credible Towson trust litigation attorneys at The Grafton Firm to protect your legal rights and financial interests.
- We provide practical, personalized, effective, and creative legal strategies to our clients with the highest level of professionalism and competence.
- Our estate planning law firm handles even the most complex estate and trust litigation matters in Towson, MD, and its surrounding areas.
- Whether you’re establishing support for loved ones upon your death, planning your future medical care, or resolving estate disputes, The Grafton Firm can help with all aspects of wills, trusts, probate, asset protection, estate litigation, and other estate planning issues.
- We thoroughly analyze your estate and the best means of transferring your assets, establishing guardianship for your children, minimizing taxes, and protecting your loved ones.
We will guide you through the complex estate litigation process and tax legalities so you can find the best possible outcome for your family. Call us now and schedule a free initial consultation with our experienced Maryland estate planning lawyer.
What is Trust Litigation?
Placing your property in the trust is a great way to protect your assets, avoid the probate process, and provide something of value for your beneficiaries. While the process of administering estates typically goes smoothly and without conflict, disputes may arise resulting from ineffective drafting and seemingly unfair dispositions of property.
Trust litigation involves legal disputes between beneficiaries and trustees over a trust asset. Most people lack enough experience as either trustees or beneficiaries, and often, errors are made, leading to litigation. Trust litigation matters are often complex issues that can have a significant impact on all parties associated with the trust. When litigation is necessary, it is crucial to seek legal advice from our Towson trust litigation lawyer to protect your legal rights and financial interests.
What are the Common Causes of Trust Litigation?
Because trusts are agreements that may involve large sums of money, there are often disputes regarding aspects of the trust. Beneficiaries who are unhappy with the trust may decide to challenge its terms with the hope of overturning them. While some are concerned with the basic construction of the trust, others relate to how the trust’s terms are executed. In this situation, our skilled trust litigation attorney in Towson, MD can help you navigate through the litigation process and cost-effectively resolve estate issues. The most common causes for trust litigation are as follows:
Breach of Fiduciary Duty
A fiduciary is a person or entity in a position of trust and responsibility over another’s assets. Fiduciaries have duties to act in the best interest of the other party. A fiduciary can be a trustee, personal representative, or agent under a power of attorney.
A trustee may be in breach of their duty whenever the trustee fails to carry out their obligations under the terms of the trust or by law. A breach can also occur when a trustee fails to protect the interests of all beneficiaries of the trust. Ineffective or illegal management of trust by the trustee can lead to fiduciary litigation. Beneficiaries and heirs can pursue claims against trustees if they can prove their wrongdoing, such as breaching the terms laid out in the trust or not distributing funds on time.
Inter-family disputes often lead to estate and trust litigation. Conflicts may arise when one member of the family is treated differently than the others. For example, a child who receives a smaller share than other children may be driven to challenge the trust on various grounds. Furthermore, trust litigation may also be caused by a fight between the children of a first marriage and the step-parent or step-siblings from a subsequent marriage.
Because the trust must convey the creator’s wishes, nobody else should influence how the trust is set up. Undue influence is a situation in which a person is induced to make changes to their estate plan that is not a reflection of their natural intention.
Those in the best position to exert undue influence are usually beneficiaries who are in close contact with the trustor. The methods used to influence the trustor often go undetected until a will is probated or trust is administered. The goal of undue influence is to obtain more than the fair share from a will or family trust. A trust can be contested if the trustor was coerced into creating or altering the trust in some way.
Beneficiaries have many rights in connection with a decedent’s estate. A beneficiary of a trust has the right to be truthfully informed about what is happening with an estate and how the trust is being managed. They are entitled to receive their share of the estate, as provided in the will or trust.
When a beneficiary suspects that the trustee is mishandling trust assets, they can bring legal action to remove the trustee. They can also get reimbursed for all of what they believe they lost as a result of the trustee’s bad acts.
Call Our Seasoned Towson Trust Litigation Attorney Now!
Many people are unprepared to deal with all the laws surrounding estate and trust administration. When an estate or trust is contested, things get complicated. No matter how complex the trust or estate administration may be, our seasoned Towson trust litigation attorneys will guide you every step of the way.
At The Grafton Firm, we have extensive experience in navigating the laws surrounding estate planning. We understand the complex cases that arise when there are disputes between beneficiaries and trustees. Our legal team understands the emotional distress that these situations can cause. We provide the guidance, support, and counsel you need to effectively litigate your case.
Our estate planning law firm can help you handle these legal issues to be sure you are making the right choices to benefit your family while still respecting the wishes of the deceased. We want to minimize cost, provide peace of mind, and ease the burden on family and loved ones. Contact our law office today and schedule a free initial consultation with our qualified estate planning lawyers.