Ada-Icon
Required

Trusts Do Not Solve All Estate Problems, Elder Law Attorney, Woodstock, GA


One of the reasons people often cite for preferring to use a trust instead of a will, is the possibility of a family battle in probate court over a will. Trusts do not necessarily solve the issue of families feuding over estates.

Stories about the families of wealthy or famous people fighting over estates in probate court are easy to find. In any given month, the media is likely to report on several such battles, many of which have been going on for years.

Most of the time, the families are fighting over the will of the wealthy person, at least that is what most of the stories are written about. To avoid their own families fighting similarly over their estates, these stories lead many people to use a trust as their main estate planning tool, instead of a will.

Nevertheless, having a trust instead of a will does not preclude litigation between family members over an estate, as Barron’s discusses in “Are Fiduciaries Setting Themselves Up to Be Sued?

Most people with trusts designate a family member to be the trustee. However, if that family member does not get along with other members of the family who are the beneficiaries of the trust, then the same family dynamics that can lead to fights over a will can lead to litigation over the trust.

Trustees have a legal duty to act as fiduciaries and to manage the trust in the best interests of all beneficiaries.

What many families end up seeing is that a beneficiary who does not get along with the trustee, for whatever reason or no reason at all, will look for a way to sue the trustee for breach of his or her duty.

There are ways to make these sorts of lawsuits less likely.

The key step is to make sure that any trust is created with the advice of an estate planning attorney and not from forms downloaded from the Internet.

Reference: Barron’s (June 6, 2017) “Are Fiduciaries Setting Themselves Up to Be Sued?

 

Hear From Our Clients
tes-prev
tes-next

“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce