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Litigation is the only way by which the issues regarding the wills and trust could be resolved. Usually in a contest of will, the validity of the will gets challenged. Execution of the will, distribution to beneficiaries, disinherited heirs, the capacity of the decedent in making a will, or the other provisions of the will are the basis of disagreement.
On the other hand, a trust dispute is an area on which litigation takes place. The main reasons for the litigation on the trusts disputes are:
- Proper Execution of the Trusts
- Terms Interpretation in the Trust
- Any undue influence or fraud
- Concern related to the issues of the Trustee’s Administration of the Trust
- Individual Executing the Trust
- Rights of Beneficiaries or Heirs not Named
It would be wise for you to have your estate planning documents ready or drafted earlier by an estate planning lawyer who has been familiar with the issues. It is so advised to avoid your own trust or will get challenged after your death.
In Florida the estate planning law is vey much complex. So it is recommended to have your will done already by an experienced attorney of Trust Litigation Florida before the death.