Litigation can be a tricky thing, especially when it comes to matters of family, inheritance, and trusts. Many people aren't uncertain when faced with the choice of hiring a litigation attorney. They may not know if its necessary and no one wants to waste time, energy, and resources just to find out that it was avoidable.

So how can you tell that it's time to consider an attorney's help? There are a few signs to look out for.

1) There exist allegations of fraud, coercion, or intimidation.

In some cases, doubts may arise as to the governing documents or the trustee's actions; for example, you may find yourself in a position where you're wondering if your loved one was coerced into signing their house over to their new partner.

While these things are, of course, terrible when they do happen, they aren't always simply black and white matters of fact.

A trust litigation attorney can help you through the grey areas, figure out what's really going on, and make plans for how to proceed.

2) There are concerns about the mental health of the trust's grantor.

If you've found yourself dealing with an older individual—perhaps an aging parent or grandparent—and suspect that their mental state was compromised, whether due to age-related issues, like dementia, or past injury, you may be able to take legal action.

In the case that a person with the mental incapacity to do so cuts out family members from their will, those changes can be undone with the help of litigation; however, it is important to note that additional evidence from medical professionals might be needed to confirm this suspicion.

3) Another family member plans to contest the trust.

If another party besides yourself is looking to contest a trust, hiring a litigation expert can be a crucial step.

These situations can become extremely contentious when they escalate, and you need to be able to protect yourself from unnecessary stress.

An attorney can also help you discern whether or not the person challenging the trust has valid claims that need to be addressed before moving forward. By hiring a lawyer who is well-versed in trust litigation, you can be sure that you're going into the proceeding with a leg up.

4) You suspect an act of forgery.

This one's a bit of an obvious one—if you strongly suspect that someone has forged your loved one's signature or entire trust, you'll need to take steps to stop it. In this case, forgery is not only a civil issue, but a criminal one as well.

It can be difficult to prove something like this. Still, an attorney with the right knowledge and resources will be able to build a strong case and help you achieve your goals of stopping any inappropriate alteration of your loved one's documents.

Get in touch

No matter what kind of situation you're dealing with—whether it's one of the four listed above or something else—you're going to want to call our team at Luis E. Barreto & Associates, P.A. Our trust litigation attorneys in Miami are experienced in trust litigation and can help with everything from simple questions to complex legal matters. We'll be pleased to meet with you no matter where you are in the state of Florida, so contact us today to set up an initial consultation.

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