The first time consulting with a trust litigation lawyer might have been difficult for you because you were not sure about your rights as a beneficiary. Furthermore, since it’s a serious matter to accuse a trustee of violating their fiduciary duty, you may have had concerns about this causing family conflict or a further strained relationship between you and the trustee. You may not know what criteria to look for or whether or not you have grounds to proceed with the case but this is why you’ll want to consult with a trust litigation lawyer in Virginia to start with.
The guidance that you get from a Virginia trust litigation attorney can help you decide whether or not you need to file a suit and make important decisions about the key issues surrounding your case. If there is potential for significant amounts of money to change hands in a trust litigation dispute, it is likely that one or both parties involved will not want to settle things outside of court.
Sometimes they will hope to take the problem before a judge to maximize the monetary compensation that one or both parties believe they deserved. This can eb problematic for the administration of a trust as well as claims against a trustee and it is highly suggested that you consult with a trust litigation attorney in Virginia to better understand the advantages and disadvantages of settlement versus court. If someone has disputed a trust in which you are currently a party to, this can delay the administration of the trust and also take funds from the trust as the trustee attempts to defend or responds to these claims.
In these circumstances, you’ll want to have a trust litigation attorney who has represented cases like this before who can answer your questions and tell you more about how this could potentially influence your rights and the assets inside the trust.
How Do These Lawsuits Come About?
Most people find themselves in the midst of a trust litigation case because of a belief of breach of fiduciary duty. Trustees have a fiduciary duty to the beneficiaries of the trust as well as to the trust itself. This means that they cannot be involved in things, such as self-dealing or giving preference to one beneficiary over another. Your loved one went through a great deal of care to complete extensive estate planning and to protect your interests and your rights. Even when this planning has taken place, you can still face the possibility of trust litigation.
These issues are extremely complex and can also occur at a very emotional time. Regardless of the point of contention or issue in question, it is very likely to be legally complex. There are only certain circumstances in which you can contest the existence or the terms of a trust itself, although there are many different situations that might allow you to claim that a trustee has violated their responsibility. This is an emotional time for many people as they are exposed to this kind of case and you will want to have a knowledgeable attorney who can help explain to you your rights and what you can realistically expect should you choose to go forward. Trust litigation can take some time to resolve and can add additional stress during an already challenging time but having a legal representative who has been there before and who could advise you about your best options for resolving these concerns can be very powerful for giving you support.
Look for an attorney who has appropriate experience within your state and who has handled cases like this before. Whether you are a trustee who has been accused of breaching your fiduciary duty who now could be held personally liable for actions against the trust or you are a beneficiary who believes that a trustee has crossed a line, you deserve to have legal support from a knowledgeable lawyer.