subject: Reasons you need a lawyer for handling trust management issues [print this page] Reasons you need a lawyer for handling trust management issues
Management of an estate involves numerous legalities. In most cases, wills and trusts are the basis on which the task is accomplished. Any dispute arising from conflicts related to wills and trusts need to be resolved using certain legal means and procedure. Disputes regarding wills are, in the majority of cases, settled using negotiation or mediation. However, in case of trust litigation is most often the only way out.
The reason for this is that wills and trusts are essentially different in nature. How exactly do these two differ? The probate process is the main difference between the two. The will involves probate proceedings while the trust does not. If the estate is in another state, a will requires probate proceeding in that state too.
Any conflict of interest pertaining to a will is under automatic court supervision. That is not the case with trusts. Moreover, the will becomes public after the death of the estate-owner while a trust document remains confidential even after the death of the grantor. If you think that, there is a ground for complaint, you need to talk to a trust litigation lawyer to know how to approach the matter.
There are certain grounds on which most problems arise. The management of the trust is one of the important responsibilities of the trustee. If there is an improper investment on his/their part, there is a valid ground to file a case. Perhaps the trustee is inappropriately distributed the assets. Perhaps the provisions of the trust deed were misinterpreted.
How do you choose the best professional for the job? The trick is to find someone who has knowledge and experience in this legal domain. Ask your contacts if they have any such lawyer in mind or have they worked with someone like that. A reference is always better than an online search.
If you choose a lawyer to represent you based on an online search be sure to meet him/her in person. Ask for client referrals. This would help you acquire information about the lawyer from his/her previous clients and assess whether you can appoint him/her for the job.
As the matter concerns trusts, it is best to consider lawyers who are aware of the state laws concerning this method of estate management. There is another thing to consider. As the case would involve Florida trust litigation process, you need a lawyer who has a good understanding of the laws, how to file a lawsuit, collect evidence, examine witnesses, and present the case accordingly.
It is better to choose someone who has dealt with such cases in the past. Experience helps attain expertise. It is also essential to take into account that only a lawyer specializing in representing the plaintiff would be suitable to act as your legal counsel. A lawyer who handles estate planning would not suffice for litigation.
