Trust Litigation

Do you know when and how to contact a Georgia trust litigation lawyer? There are certain trust disputes that should be elevated to the level of a legal representative as soon as possible and those involving claims of malfeasance or illegal activity undertaken by a trustee should always be handled as promptly as possible by a Georgia trust litigation attorney.

You might think that you can handle this situation on your own or talk reason to the beneficiary, but knowing the legal grounds is something usually best achieved when speaking with an attorney who has plenty of years working in this field.

What Does a Lawyer Do?

A trust litigation attorney in Georgia will handle a broad range of cases either representing beneficiaries or trustees in those claims where there are questions about the interpretation of the trust, the accounting and other documentation provided to the beneficiaries about the trust by that trustee and payments made from the trust by that trustee. In all of these circumstances, it is usually the first opportunity to resolve things to address them outside of court with simple conversations. However, without possible resolution, this might need to be escalated to a trust litigation lawyer in Georgia who can answer questions about what to do next. A trust litigation lawyer can help the involved stakeholders navigate the complex legal process of determining what is required and in identifying the possible risks of proceeding with litigation.

In some cases the attorney’s involvement might be to help keep the different parties outside of court and to resolve their issues in settlement instead. If you have questions that should be addressed by a lawyer with relevant experience in this field, you’ll want to run them by an attorney sooner rather than later. The actions of a trustee are governed by the terms of the trust itself as well as their responsibility of fiduciary duty, which means they have a legal obligation to represent the best interests of the beneficiaries when administering the trust.

Removing a Trustee

If it can be shown that a trustee has violated their fiduciary duty, the trustee can be removed from this all important role. If it can be shown that the trustee has not completed a proper accounting or has undertaken financial actions that have harmed the value of the assets inside the trust, beneficiaries can also open a personal liability case against that trustee to help replace the funds lost. Due to the complexities involved in administering a trust and the high stakes associated with one or more beneficiaries alleging that the trustee has violated their responsibilities, anyone involved in this type of case should be prepared to retain legal counsel immediately. If this describes your situation and you want legal counsel from an experienced attorney who has managed cases like this before, it is in your best interests to get that support immediately.

A lawyer does not always mean that you will necessarily have to go to the point of litigation to resolve the concerns. In fact, involvement by an attorney can show that you are serious about either defending or pursuing the claims that have been made and this can discourage others from remaining involved in the case.