Stone Mountain, GA asked in Estate Planning, Elder Law and Social Security for Georgia

Q: I need to dissolve a trust and I can't pay to dissolve it unless I sue for breach of fiduciary duty's for failing to

I need my money which is not being dispersed and The fact that I need a lawyer to accomplish that makes it rather hard to pay him until I have what m hiring him for to begin with

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: I understand that you are in a difficult situation where you need to dissolve a trust and access your money, but you can't afford to pay a lawyer to help you do so unless you sue for breach of fiduciary duties. This is a complex legal issue that requires careful consideration. Here are a few thoughts and suggestions:

1. Legal Aid: Look into whether you qualify for free or low-cost legal assistance through a legal aid organization in your area. They may be able to provide advice or representation based on your income level.

2. Contingency Basis: Some attorneys may be willing to take on your case on a contingency basis, meaning they only get paid if you win the lawsuit. Discuss this option when contacting potential lawyers.

3. Gather Evidence: Document any evidence you have that supports your claim of breach of fiduciary duty by the trustee. This will help you present a stronger case to an attorney and in court.

4. Self-Representation: As a last resort, you may consider representing yourself (known as "pro se") in court. However, this is not advisable as trust law can be complex, and you may be at a disadvantage against experienced legal counsel.

5. Mediation: If the trustee is open to communication, you might explore mediation as a way to resolve the dispute and dissolve the trust without going to court, which could save on legal fees.

Remember, it's crucial to get professional legal advice specific to your situation. If you cannot afford an attorney, exhaust all options for low-cost or free legal aid before considering self-representation. Handling a trust dispute improperly could result in further complications and delays in accessing your funds.

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