So, you have carefully created your trust to avoid trust disputes, distribute your money and assets according to your plan for your children, family members, and maybe siblings and charities. What could go wrong and result in a trust dispute?
It’s All About Communication
Talking to your family and friends about your estate planning and trusts may lay a groundwork both for the expectations of Beneficiaries and for evidence of what you intended and your capacity, your intent, and your free will in doing so. The more clearly you express your intent and the reasons behind it, the more likely you will generate the understanding and clarity to avoid a conflict.
You may be afraid of those discussions because of an anticipated negative response. You may desire to avoid those discussions while alive, leaving the Beneficiaries to learn of your decisions only after your death.
If you choose to avoid discussions to avoid confrontation, you may want to:
- Prepare an explanation letter or video describing the reasons behind your choices
- Avoid having any Beneficiary participate in any way in your estate planning process
- Seek your own evaluation by a qualified psychologist or geriatric specialist to confirm that you have the capacity to make decisions, that you are not being unduly influenced, and to prepare a detailed report of findings
Don’t avoid confronting the issues while you are alive that you know will arise when you are gone. If you choose to avoid direct confrontation, be certain to have made a plan that will alleviate that confrontation in the future.
Lastly, be mindful that you must have a firm factual foundation in your choices. Errors in facts may support a later determination that your capacity was compromised.
Knowing How to Deal with a Dispute Should One Arise
When trust disputes do arise because of suspected lack of capacity, undue influence, trust administration problems, or any disputes over trusts, or someone is suggesting getting attorneys involved, you should immediately contact a Trust Dispute Attorney at The Kiken Group to assist you in determining how and when to proceed.
The trust and probate litigation attorneys at The Kiken Group have the skill, knowledge and experience to assist you in your trust dispute. Contact us at (657) 315-1176 or by email through our website at Contact. We will discuss your case with you for up to 30 minutes at no charge so that you can confirm that we are the right fit for your case and have the degree of knowledge and experience you desire.