Defending Trusts

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While there are many types of various trusts in which someone might wish to choose from to better secure the financial future of someone they may one day leave behind after passing, generally there are two that are more commonly used in The Woodlands and Houston Texas areas.

  • Testamentary Trust: A trust which becomes effective after passing
  • Living Trust: A trust which becomes effective after being drawn up and remains in effect throughout the life of the person and carries on after their death

Although many may feel as though a trust is legally binding and irrevocable, it has been the experience of David A. Munson P.C. that this is just simply not the case at all and in fact, trust contests have become more and more common a part of probate than many might realize. Because of this, it is crucial to not only ensure that the trust is adequately and legally drawn in accordance to law prior to death but that the trust, trustee and the beneficiary of the trust are all adequately represented and vigorously defended against a potential trust contest after death.

This is where having the experience of a trust defending attorney such as David A. Munson P.C. can be extremely helpful in the preparing of a trust, as well as comforting in granting the peace of mind in knowing it will be properly defended throughout the life of the trust.

Why Might My Trust Need Defending?

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Much like a will be challenged by parties who feel inadequately compensated or left out altogether, a trust might need defending for similar reasons. Other reasons to defend a trust might include but are not limited to:

  • Improper drafting or filing
  • Setup under duress or coercion
  • Intent of later changing or had since been changed
  • Signatures suspected of being forged
  • Trustee is accused of embezzling, mishandling or dishonoring their respective duties of the trust
  • Attack from creditors

Again, these are but a few reasons in which an attorney might be required to defend a trust. Yet all are viable reasons and therefore must not only be addressed as quickly as they arise but defended against as aggressively as possible. David A. Munson P.C. knows and understands trust defenses within The Woodlands and the Houston Texas area and has the experience needed to not only prepare your trust needs in a way as to prevent future contest but is highly skilled at litigating and defending trusts in the event the validity should ever be challenged in court.

If you or your loved one is thinking of preparing a trust, or perhaps reside in the Houston Texas area and in particular The Woodlands and fear an already prepared trust might potentially be challenged and/or contested in court, call or come by the offices of David A. Munson P.C. and let our experience in defending trusts give you the peace of mind in knowing the trust is secure and legally sound as it was intended to be.