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Trust Litigation & Trust Administration Attorney in Cleveland

Cleveland Trust Litigation & Trust Administration Attorney

Trusts are a critical estate-planning tool too often overlooked as too complex for use by the average family, or only necessary for the administration of large estates. 

The reality is that establishing trusts can have many benefits, including healthcare decision making, bequeathing a family business or other significant property, tax mitigation and planning, caring for children or adults with special needs, and the privacy that comes with administering an estate outside the public process of probate court. 

In fact, the many benefits of a trust mean they can often pay for themselves. An estate-planning or trust administration attorney in Cleveland can help you determine the best uses for you and your family. 

Establishing an Ohio Trust

Trusts do not have to be expensive to establish or overly complex and can benefit most estates in a number of ways, including: Reducing income or gift taxes, protecting assets from creditors or other liability, providing income, and protecting the government benefits of beneficiaries with special needs. 

Common types of trusts established by trust administration attorneys in Cleveland: 

  • Revocable Living Trust: These are the most common types of trusts used to plan estates and manage and protect assets. Most people name themselves as the trustee in order to retain control over the assets, but can name a successor trustee in the event of incapacitation or death. Unlike a Will, you can direct your trustee to continue to manage your assets after your death for the benefit of the beneficiaries instead of distributing the assets to your heirs. A revocable trust allows you to revoke or amend the trust agreement at any time during your life. Such living trusts also allow you to avoid the probate court process.
  • Irrevocable Trust: An irrevocable trust offers some advantages over a revocable trust. But once you transfer the assets to the trust, you cannot remove the assets except in accordance with the terms of the trust agreement. However, in some cases these types of trusts offer better protections from creditors and other liabilities and you can establish them in such a way that you still benefit from the income and trust assets during your lifetime. 
  • Special Needs Trust: A special needs trust can hold assets for a disabled person who qualifies for public benefits. Special needs trusts must be carefully drafted to ensure they comply with all federal and state laws. However, when properly used they allow for those with special needs to benefit without losing critical government benefits like health insurance. 
  • Retirement Trust: This specialized trust agreement allows you to protect an Individual Retirement Account from creditors and bankruptcy while preserving the funds for your beneficiaries. 

Trust Litigation & Estate Disputes

Most trusts are designed to operate outside the supervision of probate court. So when disagreements over trusts arise, it’s critical that you contact an experienced trust administration attorney in Cleveland as soon as possible. 

Common issues that arise with trusts include: 

  • Disputes between trustees and beneficiaries 
  • Failure to timely distribute funds
  • Mismanagement 
  • Self-dealing
  • Theft of assets
  • Breach of duty
  • Failure to inform
  • Omission of beneficiary 
  • Undue influence in changing or establishing a trust
  • Lack of capacity

The Law Offices of Daniel McGowan, LLC, represents clients in probate and estate matters throughout the Cleveland area, including Lakewood, Rocky River, Fairview Park, Shaker Heights, Cleveland Heights, South Euclid, East Cleveland, Linndale, Brooklyn, Parma, Brook Park. Newburgh Heights, Cuyahoga Heights, Brooklyn Heights, Warrensville Heights, Maple Heights, Garfield Heights, Bratenahl and Euclid.

Call 216-242-6054 today for a free and confidential consultation with an experienced trust administration attorney.

Frequently Asked Questions

Cleveland residents have several options, including revocable living trusts for asset management and control, irrevocable trusts for creditor protection, and special needs trusts to support beneficiaries without affecting government benefits. Ohio trust administration lawyers can help identify the best type for your situation.
If you're facing disputes over trust management, beneficiary issues, or need guidance on estate planning, it's crucial to seek advice from a skilled trust administration lawyer in Cleveland. They can provide expertise in navigating Ohio's legal system, ensuring your trust operates smoothly and effectively.
If you're looking to establish a trust or need assistance with an existing one, don't hesitate to reach out to us. Our experienced trust administration attorneys specialize in Ohio trust law and are dedicated to providing personalized advice and solutions for your estate planning needs.

Additional Information in Cleveland, Ohio

Revocable Trusts in Ohio: Offers insights on revocable trusts in Ohio, explaining their purposes, benefits, and the process of setting one up to manage your estate effectively and avoid probate.
Community Fund Ohio - Trust Distributions: Details on how Pooled Special Needs Trust funds can be used for beneficiaries, including permitted and non-permitted expenses under Medicaid and SSI rules​
CMBA News and Information: Discusses the importance of Discretionary Special Needs Trusts in estate planning for individuals with disabilities, highlighting their utility in maintaining eligibility for government benefits while providing for the beneficiary's needs​
Law Offices of Daniel McGowan, LLC is a full-service law practice, with extensive experience in the areas of litigation and trial practice, elder law, and probate law and trust law. The information on this website, however, is not, nor is it intended to be, legal advice. Each legal situation is unique and you should consult with a reputable attorney regarding your specific circumstances.
700 W. St. Clair Avenue,
Suite 400
Cleveland, OH 44113
(216) 242-6054

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