Trust Litigation

Courts are not usually involved in the administration of a trust unless there is ambiguity in the terms of the trust, an irrevocable trust no longer serves the purpose for which it was created, the trust is invalid, or a dispute arises between the trustee and beneficiaries or a third party. The creation of the trust may be contested on the same grounds as those in a will contest – lack of capacity, undue influence, and the validity of the trust. A beneficiary or interested party can also file a suit for tortious interference with inheritance and/or breach of fiduciary duty by the trustee. After a grantor dies, a trustee has a duty to inform the beneficiaries of the death of the grantor and the beneficiary’s right to a copy of the trust and an accounting of the estate assets. If the trustee fails to provide these documents to a beneficiary, a beneficiary can file an action to compel. While the trustee owes a fiduciary duty to the beneficiaries, the duties of a trustee can be limited by the terms of the trust. Disputes often arise in trust administration when the trustee fails to keep clear records of trust transactions or the trustee comingles trust funds with personal funds. 

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Probate Litigation