Trust Litigation Lawyers in NJ & PA
Dedicated Representation for Our Clients During Complex Legal Disputes
Setting up a trust can accomplish a variety of goals in estate planning and asset protection. The specific effects will depend upon the chosen type of trust, but for many, these are great fiduciary tools. Unfortunately, there’s also a chance that legal disputes could arise over these legal arrangements. From a simple trust dispute to interference with contractual relationships (e.g., tortious interference), there are a variety of major issues that can arise. Fortunately, a trust litigation lawyer in NJ and PA may be able to help.
At Bratton Law Group, you’ll work with an estate litigator who’s experienced in handling all issues related to trust assets, contestation, disputes, and other legal matters that may arise. It’s an unfortunate fact, but anything from contested designations to the validity of the document can result in a trust litigation case. If you believe a trust is being improperly handled or that any other wrongdoing has occurred, contact our law firm today for a confidential consultation. At Bratton Law Group, we’ll fight hard to protect your rights.
What Are Common Causes of Trust Disputes and Litigation?
They often say that an ounce of prevention is worth a pound of cure. This couldn’t be more true if you’re the family member or a beneficiary of the trust creator (i.e., grantor). However, preventative strategies are only useful if you know what you’re preparing against. When it comes to legal disputes involving trusts, various issues consistently result in legal action. If you find yourself facing any of the following issues, you may benefit from a trust litigation attorney in PA and NJ.
- Challenges to the validity of a trust — often related to allegations of fraud, undue influence, lack of capacity, and other issues
- Differences in expectations of potential beneficiaries (e.g., testamentary expectancy) versus the actual finalized trust document
- Disputes regarding the interpretation of the trust terms — including beneficiary rights, trustee powers, distribution provisions, and other matters
- Potential issues between a personal representative and trustee (e.g., overlapping duties, conflicts of interest, etc.)
- Allegations from beneficiaries that trustees are breaching their fiduciary duty
- Beneficiaries may seek the removal of a trustee for certain reasons (e.g., misconduct, incompetence, failure to fulfill duties)
- Disputes over accounting and transparency in trust administration
- Disputes related to beneficiary designations and any changes that have been made to the trust
The simple fact is that even proper estate planning and asset protection don’t mean legal disputes will not arise. If you find yourself in any of these situations, it’s understandable if you’re unsure how to move forward. Fortunately, this isn’t something you have to face alone. At Bratton Law Group, our experienced legal professionals are here to help. Contact us today.
How Can You Reduce the Risk of Trust Litigation?
When a trust contest arises, what comes next is rarely simple. Even if the law is clearly on a person’s side, they still have to build a proper case — whether they’re the claimant or defense — to make the courts agree with them. Even on the rare occasion that a case is “open and shut,” the legal procedures involved in trust litigation can be costly and time-consuming. Fortunately, there are ways to reduce the risk of such legal disputes. These strategies include:
- Create clear and comprehensive trust documents
- Foster open and transparent communication with beneficiaries
- Select a trustee who is competent, capable of fulfilling fiduciary duties, and above all else, trustworthy
- Conduct regular reviews and update the trust as needed to reflect changes in circumstances
- Consider negotiation, mediation, and arbitration as opposed to litigation
- Maintain detailed records of all trust communications, transactions, and decisions
- Address possible issues involving family dynamics
- Seek professional legal guidance
Anyone creating a trust can significantly benefit from taking these strategies into account. Of course, even the most proactive individuals cannot prepare for all contingencies — and the high level of frivolous litigation in our country means lawsuits can arise even when they shouldn’t. Fortunately, you don’t have to face such complex issues on your own. Whether you’re the plaintiff or defendant in a case, you can benefit from an experienced PA and NJ estate litigation lawyer.
Contact Bratton Law Group today.
How Can a NJ and PA Estate Litigation Attorney Help?
There are often cases where the parties to a trust litigation case will forego legal representation. In many instances, this is because they feel their side of the case is so clearly obvious that a court will have no choice but to take their side. Unfortunately, such an assumption completely ignores the complex reality of estate and trust law in America. This is why it’s critical to seek the help of a trust litigation attorney in New Jersey and Pennsylvania.
First, a lawyer can conduct a legal analysis and help you understand the strengths and weaknesses of your case. This can help you make a better decision about how to move forward. A legal professional can also provide representation in the courtroom and handle any negotiations and settlements on your behalf. More importantly, attorneys are adept at gathering evidence and creating solid legal strategies. Even if the other party to your case doesn’t seek professional assistance, it doesn’t mean you shouldn’t.
Contact our law firm today for assistance.
Contact a Trust Litigation Lawyer in PA and NJ Today
Legal claims involving trusts in New Jersey and Pennsylvania can become incredibly complex. A beneficiary could find their designation contested, or a lack of transparency may raise questions regarding accounting. It’s even possible that varying interpretations of a trust may exist, or efforts to remove a trustee could occur. Regardless of the underlying situation you’re involved in, it’s critical to seek legal assistance to ensure your rights are protected.
At Bratton Law Group, you’ll work directly with an experienced trust litigation attorney in NJ and PA. We know the difficulties that you’re up against. Unfortunately, the potential for these difficulties is likely what led the grantor to create the fiduciary document in the first place. However, the simple fact is that estate planning and asset protection are rarely straightforward processes — particularly when undertaken without experienced legal counsel.
Our law firm is here to help you navigate these complex legal issues. Contact us at (856) 644-4283 to schedule your confidential case evaluation.