Probate court handles disputes related to estates after a person dies. If the person created a trust to hold their assets, and anything goes wrong, trust litigation may be needed. This can be necessary if the trustee breaches their fiduciary duty, or there is any question over who should be the trustee or who should get the assets from the trust and when they should be dispersed. In any situation where there is a concern about the trust, the person will want to work with an attorney to see if trust litigation is the right way to proceed.
Work with an Attorney
If the trust is not being handled appropriately or there are any issues with it, trust litigation can be key to getting the situation fixed. Litigation is done when the decision for how to proceed is made by the courts instead of by those involved. When preparing for probate court, the most important thing a person can do is to work with an attorney. The attorney will help them throughout the process, from initially filing the claim to finalizing the resolution, to make sure everything goes as expected and that the person can get an outcome that works for them.
Make Sure Everything is Prepared
The client will want to make sure they have everything prepared before going to court, as they will need to be able to access evidence and other information quickly when the case is reviewed by a judge. They will want to work with the attorney to gather as much evidence as possible about the potential issues and to show that there is a problem with the trust or how it’s being handled. This can include documents showing the assets in the trust, the instructions for the trust, payouts from the trust, and more.
Keep Documents and Evidence Organized
All documents pertaining to the case should be kept as organized as possible. Keep all evidence stored carefully to prevent it from being lost. In most cases, the client and the attorney will each have a copy of any documents used for evidence in the case. It is also recommended for the person to backup the evidence to the cloud, as this helps to keep it secure and prevent it from being destroyed. Keeping multiple copies can also help to make sure it is highly accessible when it is needed.
Know the Intended Goal
When someone goes to court for litigation, they’re asking the court to rule in their favor and to order a specific result. The client will want to make sure they know what their intended goal is for the litigation and be prepared to request it from the judge. If, for example, the trustee took funds out of the trust for personal use, the goal may be to have the funds returned to the trust and to have the trustee replaced. The client can talk with their attorney to learn more about what remedies are possible with their case and what might be the best option for them to request.
Communicate Carefully With Attorney
It is crucial for the client to communicate carefully with their attorney. This helps ensure they understand what is happening with the case, as well as when they are needed for anything case-related or what they might need to do to prepare for court. The attorney has experience handling trust litigation, so they can provide advice to help the client through each step. Use clear communication methods to discuss the case and to make sure everyone has the same understanding of what is happening during each step of the case.
Look for Alternative Ways to Settle
It is possible to enter into a settlement agreement with the opposing party at any time before the judge makes their ruling. The client should be prepared to engage in negotiations for a settlement with the help of their attorney and to look into other ways to settle the case without going to court. Going to court can be expensive, so if there is an alternative way to settle the case and get he desired resolution, it should always be considered.
Negotiate for a More Favorable Outcome
During the litigation, the client may need to work with their attorney to negotiate for a more favorable outcome. The client may need to be prepared to give up something in order to get what they need, but they should still keep their original goal in mind and be careful to avoid giving up too much just to resolve the situation. They should let their attorney take the lead with negotiations and work with their attorney to discuss potential settlements before making any decision.
Anticipate Potential Challenges
There may be issues that appear during the litigation, so it is important to be aware of them and know how to handle them. An attorney will have a significant amount of experience handling trust litigation, so they may be aware of potential challenges the client may face and what to do about them. Talk to the attorney about any concerns for the case to make sure there is a plan in place for anything that might happen. This can give the client peace of mind while they’re going through the case and trying to find a resolution.
Manage Legal Costs Carefully
While the client will want to make sure they get a better outcome for their case, it is still a good idea for them to manage their legal costs carefully. It may be better to accept a settlement rather than go to court and spend even more money trying to get the result they want. They should be wary of the amount they are spending versus what they hope to achieve to avoid overspending.
If you’re concerned about how a trust is being handled or there are any questions about the trust, it is important to talk to an attorney right away. They can help answer your questions and look for answers if something is not being done properly. Schedule a consultation with an attorney now to see if trust litigation is needed in your situation or how they can help you resolve it quickly.
