Trust Disputes Require Special Skill And Experience
Trusts have grown in popularity in the past decade as a supplement to, or replacement for, a will. With trusts performing a similar function to wills, they will be subject to the same possibility for abuse. Do you have questions about the validity of the trust of a loved one? Questions may arise during their lifetime or afterward.
At Zigray Law Office, LLC, from our location in Maumee (a suburb of Toledo), we serve clients throughout Ohio who have questions or concerns about the validity of their loved one’s trust and wish to pursue a trust contest.
A trust contest differs from a will contest in that it can be difficult to secure answers about a trust. Trusts are not supervised by the court. You may not know who the trustee is. You may not know what assets are part of the trust. You may not know who the beneficiaries are. However, there are also many similarities in challenging the validity of trust and challenging a will.
Questions may also arise regarding the meaning of the language used in the trust. This is referred to as a “trust construction case.” Was the trust drafted by an attorney with trust experience?
Find The Answers To Your Trust Questions Through Probate Litigation
The power of the court can be used to shed light in the dark corners of a trust’s workings. We can then see if there was any wrongdoing. A trust contest lawsuit can allow us to see if your loved one’s honest intentions have been honored via the trust. If not, the court will be the place to take whatever corrective actions are necessary.
Some common scenarios that we have experienced prompting a trust contest:
- If the trust was written or amended shortly before the person’s death
- If the trust was written or amended while the person was suffering an illness that may have kept him or her from making clear decisions
- The trust was amended while the person was under guardianship
- The trust was amended by a new attorney rather than the usual attorney
- The trust only benefits one child and excludes the other children
- The trust benefits a second spouse and excludes children from a previous marriage
Further, complicating matters is the fact that a trust contest can actually be much more complicated than simply the trust itself. Is a farm inheritance dispute part of the trust situation? Is the document a testamentary trust? Are there concealed assets.
We Offer Exclusive Probate Litigation Focus
Our experience can be very useful in identifying and resolving any issues that may be associated with a trust. Our law firm offers a contingency fee structure that removes financial risk for those seeking answers through probate litigation. No fees are collected until we secure a recovery for you.
To begin challenging the validity of a trust, or an amendment to a trust, speak with an experienced probate litigation lawyer at Zigray Law Office, LLC. Call 419-794-1044 or contact us online for a free, in-home initial consultation anywhere in Ohio.