Estates and trusts usually involve a lot of parties with conflicting interests. If disputes arise, parties go through negotiations and settlements to reach a resolution. Sometimes, litigation may be required. You can avoid common disputes associated with estates and trusts if you have yours planned properly with the help of experienced san antonio estate lawyers. Your attorney will help you draft a will and make sure your wishes are carried out after your passing.
Common Estate and Trust Disputes
No matter the size of your estate, disputes can arise. But, an attorney can resolve any estate and trust disputes including beneficiary disputes. These disputes result from the adverse interests of beneficiaries that must be reconciled. A beneficiary may contest a will if they are disinherited or get much less than others. Also, a trust dispute can arise when a beneficiary may be damaging the trust property.
Moreover, fiduciaries may breach their duty. They are provided with power over the property they manage and place the interests of their beneficiaries above their own. But, some fiduciaries may use a trust or estate property for their own benefit or are negligent in fulfilling their duties, resulting in beneficiaries suffering damages.
Finally, when a will or trust has unclear terms, there will be issues when administering them. How a single word is interpreted can significantly affect the amount of property a beneficiary gets.
Understanding Your Rights Under a Will or Trust
If you believe a fiduciary is not acting properly or have a problem that must be resolved, you must call an estate planning lawyer to discuss your case. The lawyer will explain vital legal issues to you including the fiduciary’s duty, reasons a will may be contested, a trust beneficiary’s rights, as well as ways to proceed with your estate and dispute claim. Because you may not have enough time to file a lawsuit to assert your rights, get in touch with a lawyer as soon as possible. You should know whether you have a possible trust and estate dispute case.
A great estate planning attorney can set expectations with regard to their rights and the timing to consider when administering estates and trusts. The majority of families can work through disputes without legal battles as long they seek the right help. A reliable estate planning attorney will help family members understand their rights as beneficiaries, how they can deal with disputes on a will, and work through the process of contesting a will if necessary.