Estate planning can ease the transition after the loss of a loved one. It provides a pathway for assets to transfer into the hands of heirs and beneficiaries as desired by the individual(s) behind the estate.

When someone puts together one or multiple trusts to manage and transfer assets, this adds an extra layer of protection and assurance to their estate. Despite this, few estates are foolproof or immune to litigation.

Oklahoma estate planning attorneys like our team at Pence Law Firm will tell you it’s imperative that you hire an attorney to handle trust litigation. But, what will hiring an attorney actually do for you? Let’s explore.

Providing Legal Expertise

The most obvious role of an attorney is to provide legal expertise to your side of the litigation. Whether you are pursuing a claim against the trust or defending the trust/yourself, a thorough understanding of Oklahoma estate planning laws is crucial.

Trust litigation is often a family affair. Many of the trustees and beneficiaries are related to one another which creates a sensitive environment for what’s to come. There are times when these sensitive issues boil over and disputes turn into legal action.

It’s the court’s job to discern whether or not these disputes are just issues between two parties or a violation of trust laws; it’s an attorney’s job to make it clear to the court that their client(s) are on the right side of that.

Catching Breaches of Responsibility 

One of the most common issues that leads to litigation is when a representative of the trust abuses their power (or is accused of doing so). If a trustee appears to have failed to transfer assets in a timely manner when their duty is to do so then litigation may be necessary to sort out how this will be remedied.

An experienced estate planning attorney can help you go over the details of the trust to ensure everyone is fulfilling their responsibilities, whether fiduciary or beneficiary. For members of the trust, it’s important to catch and remedy any issues before litigation arises. For beneficiaries, it’s important to understand when litigation is necessary.

Preventing Ineffective Planning

Another common cause of trust litigation is ineffective planning. A disorganized trust without proper planning in place can leave a bigger mess than not planning at all. The best way to prevent this issue is to get ahead of it with an attorney.

Your estate planning attorney should be able to review the details of the trust and ensure all assets are accounted for and actually eligible to be held within and transferred through the estate. This could also mean reorganizing or restarting the trust entirely. At Pence Law Firm, we have experience with estate planning from the beginning through litigation. We can help you effectively plan and help you litigate any issues that arise with ineffective planning. Contact our team and protect what you’ve grown.