Trust Disputes

Trust disputes arise over both the validity of the creation of a trust as well as to the various rights of each of the beneficiaries.  Trusts, particularly “living trusts” are increasingly used to protect against having to endure a guardianship as well as to transfer wealth at the death of an individual free of the probate process.  Disputes may arise over whether the person who created the trust, referred to as either the grantor or settlor, had the required mental capacity when he or she created the trust.  Disputes may also arise if one person unduly influenced someone to such an extent that the trust was an expression of the intent of another person instead of the true intent of the person who created it.  Trust disputes often involve an alleged breach of fiduciary duties by the Trustee.

You Have Rights.
We Enforce Them.

Do You Trust Your Trustee?

Will contests occur only after a person has died.  Trust disputes may arise during the grantor’s life as well as after death.  Trusts are either revocable or irrevocable.  Living trusts are typically revocable trusts.  Depending on whether a trust is revocable or irrevocable, the beneficiaries’ rights can differ and disputes can arise independently of whether the person who created the trust is still living.  There are many similarities between a will contest and a trust contest as beneficiaries sometimes are, in both instances, seeking to enhance their share of a probate estate or trust estate at the expense of another beneficiary.  Some beneficiaries are simply trying to protect themselves from the greed and avarice of a fellow beneficiary, usually a family member.

Forcefully – Strategically – Efficiently Resolving Probate, Trust, and Estate Disputes

Some trustees, often times a family member who is also a beneficiary of the trust, will administer the trust in such a manner as to provide special benefits to the trustee, typically at the expense of the other beneficiaries.  This is a frequent source of trust disputes and trust litigation as are situations in which the trustee fails to properly disclose important information relevant to a beneficiary’s interest in at trust.

Whether you are a beneficiary who isn’t sure you are receiving proper treatment from a trustee or are a trustee being unjustly accused of improperly administering a trust, contact us for a strategy session to learn how to protect and enforce your legal rights.


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