“Breaking” Trust Funds on Contingency. In other words, we “bust” trusts on contingency. When Trusts serve no purpose or have undefined intent or were simply done without requisite capacity or by undue influence, you can move to “Break” a trust. Trust Dispute fights can be cost prohibitive cost wise. Unfortunately, the Trustee defending the Trust can often use Trust fund money to defend the Trust that is in dispute.
Does the Trust state a purpose? Does the Trust have terms or standards? Is the Trust reasonable or fair? Is the Trustee being honest and loyal? Have you gotten accounting from the Trustee? Have they been self dealing or mismanaging the Trust?
To Break a trust on contingency can be a path assert estate rights for clients who otherwise would be powerless. When you hire a Trust Dispute Lawyer on Contingency, they are only paid when they make a recovery for you. . Your attorneys are in the same position as you as opposed to hourly lawyers. Realistically and programmatically, the Trust needs to be a large enough to justify a contingency fee because the costs of these cases is high totaling sometimes in the hundreds of thousands. Hence, we only take a few trust dispute cases at a time.
To “Break” a Trust Fund, it can be for Fraudulently made Trusts due to Forgery. Or Trusts executed with undue influence or done where there the grantor lacked the necessary mental capacity to do a Trust.
In Estate Trust fights, we have been successful in recovering millions of dollars by breaking trust funds on contingency. Also, one should not typically fear the “Forfeiture Clause”, if we take your case as won’t take it unless we believe in your case. Cases brought in good faith do not typically have a finding whereby you lose your trust fund.
Again, we would not take your Trust Dispute on Contingency if your case was meritless. However, there is always a certain risk in these cases. Therefore, it puts what you would be able receive in the Trust at risk. So you need to consider and think about very carefully. Our analysis as to good faith of your case is also in reliance on you being truthful with us about all facts. As part of our investigation, we usually seek an accounting that does not put you at risk for forfeiture. Also note, If you are not a beneficiary there is nothing to lose.
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