Planning your Estate
When people first start writing an estate plan, they feel emotional at the idea of what life may be like for their loved ones after they have passed on. It can be challenging to think of a time when you are no longer here to be with those you cherish the most. Many people establish an estate plan to see that their loved ones are taken care of and they receive a portion of their legacy after death.
A trust may go through litigation in probate after a family member passes away for a variety of reasons. At Bott & Associates, Ltd., it’s our goal to make sure our clients understand the process of trust litigation and why it can occur.
Why would a beneficiary contest their loved one’s trust in probate court?
A beneficiary may file for trust litigation for several reasons. They may request to dispute the trust either because they are not happy with what they received or because they’re concerned about how their loved one’s assets are being handled. More reasons why trust litigation may occur are listed as follows:
- The successor trustee has not fulfilled his or her duties regarding the trust
- The successor trustee has used the loved one’s assets for personal gain
- The successor trustee has shown favoritism between beneficiaries
- The successor trustee has not distributed assets correctly as stated in the loved one’s trust
- The beneficiary is concerned that their loved one was not of sound mind when creating the trust
- The beneficiary is concerned that coercion may have been in factor in what was written in their loved one’s trust
What qualities should the successor trustee have?
The successor trustee does not have to be an attorney or banker to do a great job at distributing the loved one’s assets as described in the trust. However, the successor trustee must be trustworthy, reliable, flexible and not afraid to ask for help from an estate law lawyer in Rolling Meadows, IL.
Should I talk with my successor trustee before finalizing my estate plan?
When creating your estate plan, consider talking with your appointed successor trustee first before finalizing their name. They may or may feel confident to perform this role after you have passed on. You can also choose a secondary trustee in Rolling Meadows, IL, just in case the first is unable or unwilling to manage your assets.
What can I do to help prevent my trust from going to litigation in probate?
It can be very difficult to completely eliminate the chances of your trust eventually going through litigation after passing on. You may not be able to please everyone and someone may come forward with a complaint no matter what. But one thing you can do to help decrease the chances of trust litigation is to make your instructions clear and concise. If your described wishes are confusing or too broad, this may leave room for your beneficiaries to argue over what they think your statements mean.
Contact Bott & Associates, Ltd.
At Bott & Associates, Ltd., we’re dedicated to serving families in our community and helping them cope with some of the most difficult parts of life. We understand how important it is to have an estate law lawyer Rolling Meadows, IL residents trust during tough times. To schedule a consultation with one of our lawyers, please call our firm today.