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Which Type of Estate Attorney Do You Need?

There’s a significant difference between Estate Litigation Attorneys and Estate Planning Attorneys. Obviously, by definition, one type of attorney handles estate planning and the other type litigates over the enforcement of those plans.

For example, if your parents want to create a Trust, Will, and Durable Powers of Attorney, they’re going to visit with an Estate Planning Attorney who will advise them, help them draft those documents and execute them. Whereas, Litigators may be needed after Mom and Dad have passed away to provide representation if there is a Trust or Will Contest, Petition to Compel an Accounting or Distribution, or other motion or proceeding.


Trust Litigation

Trust Litigation is a specialty legal practice area that combines two complex legal skill sets. The first of those is knowing all of the rules of being a Litigator and the second is knowing all of the rules of Trust and Estate planning.  Many times, experienced Estate Planning Attorneys become Trust Litigators. That’s the type of attorney you’ll need if you’re going to file any type of claim against a Trustee for a breach of fiduciary duty, failing to make distributions, abusing the Trust assets, or any other mismanagement of the Trust.

If you believe a Trustee is not doing their job, you’ll need a Trust and Estate Litigation Attorney, not an Estate Planning Attorney.