The trust administration process can be highly complicated. This point is especially true if the trust’s beneficiaries want to contest a ruling or decision made by a trustee or other party in charge of administering trusts.
It may be tempting to have a lawyer not used to this type of work to represent you, but it’s essential to understand why you need to work with a trust administration attorney.
Trust administration deals with countless issues, but here are some reasons you need a trust administration attorney.
1. Issues With Trust Documentation
It is vital to have an expert trust administration attorney who understands these documents’ intricacies. If the language in a trust isn’t drafted correctly, there will be issues down the road when you want to make changes or attempt to terminate the trust.
Problems with trust documents can also lead to lawsuits, which is one more reason why you should work with a lawyer that has dealt with this in the past.
2. Trustee Decisions Should Be In Your Best Interests
A trustee owes specific duties to the beneficiaries of a trust when administering trusts, and you must perform these duties in the best interests of these beneficiaries.
The trustee must make unpopular decisions to protect the trust, but it’s essential to understand that trustees are legally required to fulfill their duties in this manner.
3. If You Have A Legal Issue With Another Beneficiary, Seek Representation
A trustee can make decisions that are detrimental to some of the beneficiaries of a trust, but you must remember that these trustees are still working for your best interests.
It is not up to the other beneficiaries in the trust to take legal action against their fellow beneficiary. Instead, it’s on you as a beneficiary who was negatively impacted by another decision or action taken by the trustee to take legal action.
4. Your Representation Must Be In Good Standing
One of the most important things you need to consider when seeking representation for trust administration is whether or not your attorney is in good standing with their respective state bar association.
You should be able to check this yourself, but it’s essential to verify that your representative can represent you in court if need be legal.
5. Do Not Represent Yourself In Trust Litigation
Self-representation during trust litigation can lead to severe issues with the trustee or other party with legal power when it comes time for them to make crucial decisions regarding the trust. If this power is contested, it can lead to litigation that may be hard for you to navigate on your own.
Trust administration attorneys are trained in the process of representing clients during trust litigations, which is why you should not represent yourself if you have any upcoming legal issues regarding trusts.
6. A Lawyer Can Help With Settlement Negotiations
No one wants to go through litigation, but you must know your rights. If you are involved in a legally complex trust administration matter, having legal representation can help with the settlement negotiation process.
Trust litigations typically deal with large sums of money and valuable assets, so it is vital to have someone on your side who understands state laws when it comes to trusts.
It’s essential to work with a trust attorney who knows the trust administration’s intricacies, but it is also crucial to understand why representation is necessary for these matters. Trust administrations are complicated, so don’t settle for less than you deserve by taking on any litigation without an attorney at your side.