Many beneficiaries are worried about unfair distributions in a family trust. Are you concerned that the family trusteeis giving too much money to your relatives in West Palm Beach? Are there ways to claw back that money into the trust?
Step One Read the Trust!
- It may come as a surprise to you but a lot of the answers to your probate lawsuit are staring you in the face.
- They are in the actual trust document!
- Trustees may be given discretion but that discretion is hemmed in by the trust documents.
- Make sure you look for any amendments to the original documents as well.
- There are different standards that govern how a trustee is to make distributions in West Palm Beach.
- The trustee may have to divide things equally and make sure if your sister gets $1000 so do you.
- On the other hand many Palm Beach probate attorneys are drafting discretionary trusts these days.
- Do you know what a discretionary trust is?
- These trusts allow for the trustee to use his or her discretion to determine who gets paid when.
- If your trustee has complete and sole discretion about distributions it may be very difficult to win a probate suit on that.
Pursuing a Probate Lawsuit
- There are a number of things to consider before you enter into a probate lawsuit about a trust.
- For one thing how do you plan on paying your probate attorney?
- Do you know how the trustee is going to pay for his?
- It may surprise you to know that the trustee’s legal fees are going to be paid for by the trust.
- That means the more you fight the less you have to fight over.
- It is not the trustee’s money that is being squandered.
- Before you head into West Palm Beach probate court you need to evaluate your case from all angles.
- That includes chances of winning but also chances of losing.
- Has your Palm Beach probate lawyer discussed these hurdles with you?
- Do you understand what obligations the trustee has to you under the trust document?