Choosing a Trust Litigation Attorney: Everything You Should Know
People with significant wealth have to ensure that their wealth is well protected at the time of their death to avoid complicated probate settlement. Assets that are not protected or included in a will can be available for government taxation and attachment from creditors. That is why it is critical to establish a trust that allows the assets to pass legally without probate when the eventuality happens. This legal task can be accomplished without professional assistance, but it is important to work with the best trust litigation attorneys. That’s because technicalities might matter when someone contests the distribution of certain assets they claim the right to inherit.
When should I hire a professional trust litigation attorney?
A trust litigation attorney is necessary when disputes arise during the organized distribution of property from one person or generation to another. In most instances, the disputes and legal issues arise regardless of having a well-crafted document in place. Some of the reasons a legal challenge might take place include:
The Trust Creator Lacked Legal Authority
Lacking legal authority to create a trust could challenge the document’s validity. Further, the creator might lack the mental capacity to execute the trust agreement. An argument on the executor’s state of mind must have substantial proof to win in court.
The Trust Creator was coerced
When coerced, a trust creator might distribute assets in a way out of the ordinary. This denies the maker of the free will required to ensure that the document is valid. In various instances, this can be seen as a case of financial elder abuse.
Document Forgery
Some documents might be flat-out forged. At times people also forge signatures. After all, some people can cross any lines to earn more extra bucks or assets. This leaves the possibility for a civil challenge and criminal issue as well.
Weak Execution
The right process must be followed when creating trust. It should be written, notarized, and signed. Missing any of the steps could deem the document invalid. Trust litigation attorneys help ensure that all the aspects of the process are observed.
Hiring the Right Trust Litigation Attorney
Many trust litigation attorneys advertise their services, but not all are created equal. You should do your due diligence to pick a professional who can handle your case and deliver the best possible results. There are several tips to help you maneuver the process. They include:
Confirming the number of Cases, the Attorney has won
It is important to trust an attorney depending on the cases they have won and what they might mean for your case. That is why you need to look at their portfolio and ask relevant questions. However, you should note that the attorney might not define winnings as you do. You might think of it as when the attorney secures a good judgment from a trial. On the other hand, your attorney will think of winnings based on the favorable settlements they have necessitated, mixed judgments, and having concessions before trial.
Confirm the Modes of Communication
Trust litigation is not one of the easiest things to understand. It involves a lot of complexities that might be overwhelming. That is why you should work with an attorney with excellent communication skills. The attorney should focus on keeping you involved and informed throughout the process. You should also ensure that your communication lines and channels are reliable enough to facilitate excellent communication.
You should also ask the attorney handling your case about their legal secretary or paralegal who can act as your contact person. Knowing that you have someone to keep you updated with your case gives you the ultimate peace of mind.
Verify Payment Methods
Another factor to consider is how the trust litigation attorney handles their payment. An attorney can work on a contingency basis or charge on an hourly basis. Also, if the attorney needs a retainer, ask how much it would be. It is vital to know that the amount of money you pay depends on the type of trust, the dispute involved, and the distribution types available.
Check Clients Reviews and Testimonials
When hiring a litigation attorney, you want to ensure they are transparent about the odds of winning your case and one who can prepare you for any outcome that might prevail. This is an attorney who has your best interests at heart and will take the time to ensure you get a fair settlement. One way to ensure you settle for a great trust litigation attorney is to look at different sites for reviews and testimonials. Steer away from law firms with negative feedback because it is a red flag that their services are not of the best quality.
Importance of Choosing a Local Trust Litigation Attorney
Trust litigation matters are highly personal, and working with a local attorney can do you a big favor. This is because you can schedule an in-person interview with them before choosing to work with them. It also helps you to have a more personal interaction with the attorney. Your attorney will also rely on your documents and the information that you provide. Undoubtedly, it is easier to stop by a local trust litigation attorney’s office any time you need to drop off some documents.
Further, a local lawyer is familiar with the local trust litigation court processes. They know what the jury prefers when the litigation notes are posted and everything needed to handle trust litigation. Better still, it costs you less to work with a local attorney. It means fewer travel costs, less travel time, and a faster process.
Contact The Hartnett Law Firm Today
Trust litigation is complicated and requires various legal actions based on the related claims. Luckily you can rely on the trust litigation attorneys at The Hartnett Law Firm for the best representation. We are an award-winning law firm based in Dallas, TX. We have many years of experience in representing trustees and beneficiaries, and we believe we’ll be of great help to you. You can contact us online or call us, and we’ll be glad to work with you.