Reliable Legal Assistance In Trust Litigation
A loved one’s passing can be a highly emotional affair and cause disagreements among family members and business partners regarding the decedent’s last wishes. Although an individual may have determined the distribution of their property through an estate plan crafted to meet particular needs and protect their loved ones, disputes may arise.
Family members may believe that a trust failed to faithfully represent a trustor’s interests. Perhaps you may have doubts about the fitness of a trustee to duly fulfill their duties. You have options to protect your interests, and we are ready to help you at Law Offices of West & Smith, L.L.P..
Exploring The Avenues To Protect Your Rights
Although trusts do not have to be approved by a court, as an interested party, you may start legal action if you have substantial grounds to believe or suspect that:
- Any undue influence may have played a significant role in creating a trust. The document may suspiciously favor a party against the others involved
- The trust was forged or there was any sort of fraud involved
- The trustor lacked the legal capacity to enter into a trust
- The language used is ambiguous
Other grounds to challenge a trust include finding a more recent trust that might invalidate the older one, or one or more trustee breaching their fiduciary duty. In North Carolina, there are time limits to challenge a will or a trust via a civil lawsuit. Therefore, timely legal advisory can have a positive impact on your situation.
Every case and family is unique. We understand this and dedicate the time and effort to understanding your concerns and your current scenario. We then develop different paths to address your issue and whether it is possible to challenge a trust. Let our seasoned attorneys guide you through the complex process of protecting your interests and future.