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When you are named in a person’s trust, you may be expecting a certain item to go to you. In fact, it is common for people who have created trusts to let their beneficiaries know that they are leaving certain items to a person so that they are not surprised. However, if someone is reading the trust and you are left without anything or someone is named as a beneficiary of the trust that comes as a surprise, this may raise a few eyebrows. Especially when someone seems to be a last-minute addition as a beneficiary of a person’s estate, you may be wondering how that happened. When you have these kinds of questions, the best thing you can do is reach out to an attorney, like an estate litigation attorney from Klenk Law. He or she can help you determine if there is anything related to fraud with your loved one’s trust.
What do trust litigation attorneys help with?
There are many reasons that a person may call upon a trust litigation attorney to help with their loved one’s trust. Some of the estate planning problems an attorney can help you deal with are:
- Improperly distributing a person’s assets
- A trustee not performing his or her duties to distribute assets
- A trustee mishandling a person’s trust and assets
- A trust created while the trustor was incapacitated
- Mishandling of creditor claims
- A person believed to be created under duress, fraud, or undue influence
What about financial elder abuse?
Unfortunately, financial elder abuse is not as uncommon as people would like to think. Elder abuse can occur in many forms, but especially as a person gets physically and mentally weaker, they may be unable to make proper decisions for themselves. When this is the case, it is possible that they already had a trust created but someone may encourage them to revise it. Especially if your loved one resided in a nursing home, had an around-the-clock nurse or aide, or had a family or friend suddenly get close to them before they passed away, you may be very suspicious of some of the terms in the trust. For this reason, you should contact an attorney as soon as possible. Trust litigation is not an easy process and we will need to gather the necessary evidence to show that a person acted without the best interest of the trustor and swayed them to revise their trust.
For more information on how elder abuse can occur when someone is creating a trust, contact a law firm today.
