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What is a Trust?
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A trust is a legal agreement involving the following three parties:
- Trust maker – Responsible for drafting the trust.
- Trustee – Manages the estate and property of the trust maker.
- Beneficiaries – Individuals who receive portions of the estate after the death of the trust maker.
In the event of the trust maker’s death, the trustee is required to take control of the estate and is responsible to distribute the grantor’s property as designated in the living trust. The terms and conditions of the trust will be outlined in the actual document. This document is usually called a Declaration of Trust and is under the legal restrictions and governed by local law. Thus, before you establish your trust, make sure that you consult with an attorney to make sure that it is accordance with your state and local law. The trustee is legally obligated to govern the trust and make sure that the terms outlined in the document are carried out property and in accordance with the trust maker’s final wishes. If the trustee does not follow the trust properly, he / she may be held legally liable.
At Crary Buchanan, we have spent over 85 years assisting individuals in the Port St. Lucie and Treasure Coast areas with assistance in establish trusts and assisting in disputes. We have the knowledge necessary to help smooth the process of probate or contention from an individual. When you contact our firm, we can discuss your trust, or if you are the trustee, we can help you distribute the assets in the manner requested by the trust maker.
The Purpose of a Living Trust
Many times, living trusts are established to avoid probate proceedings. Probate can be tedious and complicated, but a trust eliminates the need for probate upon the trust maker’s death. Additionally, probate can be extremely expensive and time consuming. Without it, the trust maker’s property is protected and his / her estate is handled correctly without the added frustration of the probate process. Many times, it will take months to sort out and heirs receive less of the decedent’s estate than they were intended. Avoiding probate may also reduce certain court costs and taxes.
We can help with a trust dispute! Call us at (888) 899-8161 today.
Although trusts are designed to eliminate problems, the division of a loved one’s estate can easily stir up dissension between family members, heirs, and beneficiaries. Disagreements over property can become complicated and meticulous – even if the trust is relatively clear as to who is supposed to receive what property. If you feel as though you have been wronged by a trust, contact an attorney from our firm today. There are many reasons that a trust may not be valid. For instance, if the trust maker was coerced or tricked into establishing it a certain way, you may be able to demonstrate in court that the living trust should not be upheld legally.
If the trust maker was not in his / her right mind when the trust was established, it should not be considered legally viable. If the trust maker was seriously ill or injured and unable to make decisions properly, the trust may not be valid. Many trust disputes are the result of hurt feelings. Because of this, the courts are wary of friends and relatives who feel slighted by their deceased loved ones. This may make it difficult for you to property demonstrate that the trust should not be upheld in court. However, not every dispute is illegitimate or the result of hurt feelings.
Our attorneys at Crary Buchanan can help you understand your rights and help you establish a convincing strategy to file a dispute. Sometimes, trust disputes arise over the general interpretation of the document. If this is the case, having an aggressive lawyer on your side can help you achieve the favorable case outcome you want. Not sure if your case is worth taking to court? Speak with us anyway! Schedule a case consultation so we can begin establishing an effective strategy to help you obtain the settlement you want.
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