Trusts can be a vital part of an estate plan. They provide greater flexibility in how assets are distributed and can allow one’s assets to have a meaningful impact over time. Unfortunately, there are times when the wishes of the deceased are not being honored. These can include a breach of duty by the trustee, fraud, or improper acts by beneficiaries. If any of these situations are occurring then it is important to speak with an attorney as soon as possible. Failing to do so can result in the trust’s assets being wasted or even fully depleted. Our Las Vegas trust and estate dispute lawyer handles such issues in southern Nevada. If you or a family member are in need of assistance then contact us today to speak with an attorney.
Attorney handling Las Vegas disagreements over trusts and estates
There are multiple reasons why it may be necessary to bring a claim against the handling of a living trust. The first, and one of the most common, involves situations where the trustee is committing fraud, theft, or is engaging in self-dealing. Lesser examples of claims against a trustee can include a failure to properly carry out their duties. Disputes may also arise as to whether property should or should not be included in the trust or disagreements may involve beneficiaries attempting to commit fraud. Finally, there may be challenges to the structure of the trust itself if the instrument was poorly drafted, is vague, or is otherwise deficient. The reasons for litigation will always depend on the specifics of the case and no two matters are the same.
The process of challenging a trust in Nevada begins by filing an action with the Probate Court. The party bringing the dispute will typically request an injunction in order to prevent assets from being moved, distributed, or squandered. If the situation is one that cannot be concluded quickly then it will be necessary to engage in discovery, which is how information is gained during litigation. If the matter concludes at a trial then a final decision will be rendered regarding all matters raised. Possible outcomes can involve a complete striking down of the trust, a removal of the trustee, damages being awarded to the heirs, etc. The nature of any outcome will depend on the nature of the claims raised.
If you are considering bringing a challenge to a trust then it is important that you begin the process as soon as possible. The procedures described above can take many months, if not years. If you wait to bring a case and to seek an immediate injunction then it is possible that the trust’s assets will have been completely squandered in a short period of time. Even if a judgment is obtained against a trustee or heir, it may be difficult to collect one’s damages if they are without assets. Taking immediate action allows for the preservation of the trust’s assets while the case is proceeding through the legal system.
Nikki Dupree-O’Brien is a Las Vegas attorney handling disputes regarding living trusts and other such instruments. She will use your initial consultation to review the relevant documents, to gain an understanding of what has transpired, and to help you know what to expect as the situation moves forward. Our firm will quickly request any necessary injunctions and will attempt to resolve the matter as efficiently as possible in order to preserve the trust’s assets. If a quick resolution cannot be obtained then our discovery efforts will include obtaining information relating to fraud, negligence, or other issues which impact the case. Nikki will ensure that you are prepared for trial and we will stay in regular contact with you throughout the process. We understand that the situation is urgent and we will make your case a priority. Contact us today for an appointment.
Lawyer providing quality service to Las Vegas residents who are challenging a trust
Nikki has been practicing law since 2008. She handles all matters in our office personally. This means that you will be dealing with her as your lawyer directly and your case will not be assigned to an associate attorney. Also, our firm utilizes an online portal so that you may access all of your case documents at any time. We will promptly respond to emails, quickly reply to messages, and will make sure that we are available to answer your questions. We are honored to serve the Las Vegas area and this high level of service is our promise in each and every case we handle.