Trust litigation involves settling disputes among trustees/beneficiaries of an estate. These disputes can often be complex, emotional, and carry a lot of stress for the individuals and families involved. During this time, it can be difficult enough to maintain a clear thought, let alone, navigate the laws specific to trust/probate in Montana.
Dietrich and Associates PC, is a highly rated probate law firm that has extensive experience with trust disputes in Montana. This includes representing beneficiaries with legal disputes as well defending trustees against litigation. If you or a loved are involved in a legal dispute involving trusts, contact our offices today.
Common Reasons for Litigation
Undue Influence – Unfortunately, some people have ulterior motives and may behave in a nefarious manner for their own personal gain, even at the expense of a family member/loved one. This may include: tricking an individual through misrepresentation of the document’s contents, pressuring the person, or, in more serious cases, coercing an individual into signing/modifying the trust through the use of threats or by other means. This sad occurrence is commonly referred to as “undue influence” and is subject to trust litigation.
Different beneficiaries – One common reason for trust disputes involves different classifications of beneficiaries within the trust. For example, the spouse of a trustee may be named as a beneficiary to receive the benefits of an estate during life; on the other hand, children from a prior marriage may be named as beneficiaries to receive benefits of the trust after the spouse passes away. Naturally, this may cause confusion and disagreement among individuals/families.
Validity/authenticity of the trust – Simply put, if the trust was not properly witnessed, notarized, and signed in accordance with State law, the trust may be open to litigation. On a more controversial note, if the trust was forged, or other foul play is discovered within the document, more serious litigation may occur.
There are few other reasons for litigation. Contact our law office today and let’s get the ball rolling.