The Most Common Types of Trust Disputes
Posted by: albright on Fri, Oct 09, 2020Share this post
Trusts are typically used to ensure that a group of assets is distributed to specific beneficiaries under certain circumstances. It can be a great method for estate planning, and it can be a better option than a will. The problem is when a dispute arises, and it can happen at any point. That’s why it’s so important to seek professional advice from an experienced Las Vegas trust litigation attorney when assets are being distributed from any trust.
What are trust disputes?
Two parties may have a disagreement concerning the asset distribution described in a trust, and that can lead to litigation. Essentially, a party involved may believe that there is a misinterpretation of the documents. They may feel that they are entitled to assets. It is extremely common in situations dealing with inheritances and estates. Nevada trust litigation cases are handled in probate court. Some counties have specially assigned probate commissioners over cases instead of district court judges. Probate rules may vary depending on the county as well, and our Local Las Vegas trust litigation lawyer team is expertly qualified to handle disputes in all counties.
The Most Common type of Trust litigation
There are several different types of trust litigation that can occur, but it usually occurs due to a disagreement with how the trustee carries out their fiduciary responsibilities. They’re held to a high standard, and their duty by law is to proceed in good faith towards all of the parties involved with carrying out the wishes outlined in the trust documents. A party may choose to file against the trustee if they feel that the trustee is not proceeding according to the law. They must act impartially to all beneficiaries, and they are required to comply with the terms of the trust.
Challenges to the validity of the trust
The second common type of trust litigation happens when someone challenges the validity of the trust. This means that a party believes they should have been included in the trust, but they are not. It can also occur when a party feels that they are entitled to more assets. A newly executed will may make this scenario more of an issue. A dispute is likely to happen when a new trust disinherits a relative in favor of a recent spouse or partner. Challenges to the validity of a trust center around a lack of mental capacity of the decedent to execute a trust. The decedent may have been subject to undue influences, or the trust could be suspected fraudulent.
Help from the Experts: trust litigation attorney Las Vegas
There’s nothing simple about litigation, and trust dispute litigation is a very specialized field. There are unique rules that apply to this form of litigation across the country, and Las Vegas is no exception. An experienced Las Vegas trust disputes attorney can make all the difference in your case, and it’s an absolute necessity that you get the best legal representation possible. An average probate lawyer with general knowledge may not be able to represent you in the most effective manner due to the complexity of Nevada trust dispute laws.
Legal Representation you can count on: Local trust litigation lawyer Las Vegas
No other firm can rival the trust dispute case experience from Albright Stoddard Warnick & Albright. If a case has been filed against you over an estate dispute, then reach out to a qualified attorney with a proven background in this type of litigation. Everyone should be prepared to effectively defend their assets in court. Don’t let your fiduciary responsibilities become a liability. Contact our licensed attorneys today.