Trust Law and Estate Planning Troubles and How to Handle Them

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Written By Charlotte Miller

Families can be a bizarre thing. Of course, there’s no denying that there’s a lot of joy to be had when spending time with your family. But, at the same time, there will be many instances wherein members may not see eye to eye in several aspects. Every family is indeed different, with dynamics varying between one family and another. However, sometimes, no matter how good your dynamic with your family is, there will be things that can cause things to go awry.

While the conflict in a family could stem from several different reasons, sometimes one of the most significant sources of familial conflict occurs when a member is no longer alive. Specifically, matters relating to a deceased member’s estate can be a significant source of familial discord. Things such as getting written out of a member’s will or unfair handling of the deceased’s inheritance are just some reasons why families may fight over estate-related matters.

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Of course, it’s tough to assume these things may never happen in your family. But, at the same time, the reality exists that these things do happen, no matter how functional you believe your family. As such, sometimes, people may not know how to go about these things when problems arise. But, even if you don’t get caught by surprise by something like this happening, sometimes you wouldn’t know how to go about settling these matters.

Admittedly, situations like these are challenging to navigate, requiring you to take a look at several details that may have seemed insignificant to you or you have very little understanding of. However, it’s because of how complex these situations are that sometimes people get shortchanged out of things like their inheritance.

However, despite the complex nature of the situation, there is still a way to help you get through it and achieve a favorable outcome. A lot of people aren’t aware that there are several legal implications to these types of matters. As such, getting the appropriate assistance with these matters requires the expertise of someone familiar with the legal implications and stipulations at play in this situation. Enter the trust and will litigation lawyers in San Diego.

The State of the Estate

When a family member passes away, they leave behind what is called an estate. An estate is basically all the money and property that belonged to that deceased relative. Usually, when the family member passes away, their estate is distributed amongst the surviving family members. As to how this division takes place depends on whether the deceased left instructions–usually in the form of a will–or according to the local laws of the person’s residences.

Typically, most deceased family members will leave some instructions concerning how they want their estate to be handled. In other instances, family members will entrust the handling of their estate to someone else–usually termed as a “trust”. But, despite whatever way a deceased member would choose to have their estate handled, there will always be a chance that some sort of conflict may arise.

One perfect example of a matter where estate-related conflict may come up would be when the assigned trustee is mishandling the distribution of the estate. A trustee may make it difficult for a member to receive their inheritance for one reason or another. Sometimes they may not give the inheritance due to someone at all, or they may be giving them less than their assigned amount.

Another example wherein problems with a deceased member’s estate may arise would be when one family member finds out they’ve been written out of the will. While there could be several reasons why this would happen, it could also be due to a person manipulating the concerned family member’s will. As such, they end up not getting anything at all when, in reality, they’re supposed to be given a share from the estate.

In relation to this, even instances of elder abuse can play into how a deceased member’s estate is handled. Some common examples of this include abusive caretakers who may threaten to harm an elder unless they are made part of a will or given money.

Whatever the case may be, whether it’s a trustee acting in bad faith or a sign of elder abuse, these actions have their legal implications—as such, navigating through these situations will require the expertise of one knowledgeable with all the laws involved in matters of a deceased person’s estate. So, it only makes sense that one should get the help of a lawyer who’s experienced with these matters. With their help, you’ll be able to sort out any issues your family will have concerning the estate your loved one has left for you and be able to come out with your rightful share of things.

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Why Get a Lawyer

While getting the help of a lawyer in matters revolving around your deceased loved one’s estate would be to help you through all the legal implications of the problem, there’s a lot more than they can do for you than just that. These types of situations indeed have legal technicalities that the typical person might not understand. As such, getting the help of a lawyer can help you simplify the entire situation for you by presenting your case to you in terms you can understand. But, while understanding the situation in layman’s terms is essential, that’s only half of the legal battle.

There’s no denying that understanding the implication of your situation is essential, but you’ll also have to know how to go about that situation. Because these situations have a legal impact, your course of action will also have to take into account the laws that come into play in your situation. Unfortunately, not everyone has the comprehensive knowledge needed to navigate these situations.

Considering how complex these situations are, handling it yourself may not be sufficient to help you get what is due to you. Sometimes, you might not even get anything at all if you dealt with this all by yourself. That’s why a lawyer’s expertise is invaluable in these cases. After you fill them in on your predicament, they’ll take the time to figure out what parts of the law are being violated and then help you come up with a plan of action that’ll ensure that the laws will work in your favor.

However, coming up with a plan of action is just as complex as the situation you’ll find yourself in. Because of how complex this situation is, it will take a lot of time and effort. From carrying out several depositions to finding all the necessary documentation to act as proof, building your case in these situations will be the farthest thing from easy. Unfortunately, the time and effort it takes to carry all these out will also cost some money.

Because of how much money these things can cost, some people either give up halfway through the proceedings or don’t bother taking these cases to court at all. After all, how would one be able to sustain these if they’ll end up with even less money than they had to begin with? However, the right lawyers will find a way to help you through this without having to worry about money. This is because some lawyers will only charge you after everything has been resolved. What’s more, you won’t have to spend out of your pocket. Instead, you’ll pay your lawyer with what you’ll get out of your settlement. If anything, that’ll help get things going!

Working out a case that revolves around matters of a deceased member’s estate can be very tedious. There’s a lot that you’ll need to work on, such as trying to figure out what went wrong in the first place to find a solution with the help of the law. But, whatever the case may be, these types of situations are never easy. Primarily because of all the legal implications these situations are loaded with.

However, as difficult as these situations may be, good help is always available. In this case, good help comes from getting an experienced lawyer to help you navigate through this entire ordeal. With an experienced lawyer, you’ll be able to have a better understanding of this rather complex situation. They’ll also help you come up with the appropriate plan of action to help you get back what is rightfully yours. What’s more, the right lawyer also makes sure to walk you through the entire process, fight for your case on your behalf, and not charge you until after you’ve got what is due to you.

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For anyone who finds themselves in this situation, having the appropriate help can make an already difficult situation more bearable. With all the things you have to worry about, whether it be the technicalities or minor details, getting someone to help lighten the burden of being in the situation can help you get through this challenging time. If anything, they’ll give you the peace of mind you deserve because you’ll have less to worry about while fighting for what you deserve.

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