Why would you ever need to sue a trust? Trusts can be great documents used to help a person’s family, friends, or other beneficiaries out after they have passed away. Trusts can be very helpful documents when it comes to determining precisely what it is a person wants when it comes to their assets and the people getting them. Unfortunately, even if everything is in writing, it is not always clear what should happen to certain assets. Further, certain beneficiaries (or people who were not named as beneficiaries) may believe that the trust is not accurate. When this is the case, a trust litigation attorney can be extremely valuable. When any type of argument comes up about a trust after the trustor has passed away, a trust litigation attorney can help determine the best course of action.
How do you sue a trust?
A trust is a legal entity and it is possible to sue a trust. This is where a trust litigation attorney comes in. When you want to sue a trust, you will likely name the trustee as the party you are suing. If you were not named as a beneficiary to certain assets you were hoping to receive, you may want to reconsider suing the trust. It is important to have a legitimate argument in place when you sue a trust, otherwise, your suit will not get very far.
Why would someone sue a trust?
There are many reasons that someone may disagree with a trust.
- The Trustee Cannot Be Trusted. Unfortunately, just because the trustor named someone trustee does not make them a moral person. There are many instances where the trustee chooses not to do the right thing and instead uses his or her power to harm the beneficiaries of the trust.
- Others Are Contesting the Trust. If arguments arise between the beneficiaries, even if you are not sure whether they have valid legal backing or not, you should consider hiring a trust litigation attorney. Things can go sour very quickly when it comes to people believing they are owed something, and having a third party there to go over the trust can help people move on quickly.
- The Trustor Was Not of Sound Mind. if you have reason to believe that the trustor was not of sound mind or was mentally incapacitated when they were creating the trust, you should bring this to the attention of your trust litigation attorney immediately. This can be very serious when it comes to following the wishes of the trustor.
If arguments are coming up during the trust process and other beneficiaries do not believe they are being given what they are owed, speak with a trust litigation lawyer. They can help to set the record straight so that the trustor’s initial wishes are carried out.