If you want to challenge a Trust or Trust amendment, it all starts with the pleadings. Pleadings refers to the paper work, usually a petition to the court, that must be drafted and filed to start the process. You have to know what to say and what legal claims to include to start your lawsuit. […]
Year: 2022
You must have evidence if you want to win at trial. But what is evidence? There are three types of evidence: facts, witnesses, and documents. And most facts will be introduced at trial through either a witness or a document, or sometimes both. Evidence further comes in two broad varieties: direct and circumstantial. Direct evidence […]
If you are a party to a Trust lawsuit will your case help all the Trust beneficiaries? The answer is a definite maybe. There are times when your lawsuit could help other beneficiaries that did not join the case, but there are also times when the non-participating beneficiaries could be left out in the cold. […]
Hire A Lawyer If you have a Trustee who refuses to follow the Trust terms, you are headed to court. The only way to force a Trustee to act, to do the right thing, is to file a petition in probate court and ask the judge to issue orders that will force the Trustee to […]
Bad Trustees can be held liable for the harms and losses they cause to a Trust, but not criminally. We have written about this topic many times before, but it always seems to come up with clients and potential clients. Beneficiaries want their bad Trustees to be criminally liable for their breaches of Trust. It will […]
How do you hire an attorney when you need help dealing with a bad Trustee? Trustees have access to all the Trust resources, while beneficiaries do not. As a beneficiary, you cannot withdraw money from a Trust bank account to pay for legal services. So what are you to do? You have two choices: (1) […]
In this episode, we’re discussing the phases of litigation. We’re going to walk you through your trust contest case from beginning to end. One of the things that you need to understand is the different phases that every legal case takes when it works through our judicial process. Six Phases of Your Trust Contest Lawsuit […]
The old switcher-oo can happen to just about anyone. That’s where the old Trust is abandoned for a new Trust. And the new Trust has entirely new provisions that leave everything to the bad actor. For example, let’s say your oldest brother has decided that he should receive the entire estate. Your father passed away […]
There’s a lot beneficiaries can do to set things right, but it’s not as easy as you may think. Often beneficiaries will say “isn’t the Trustee breaking the law?” The answer is yes, but who is going to stand up and hold the Trustee responsible for breaking his or her duties as a Trustee? The […]