Representation in Litigation over Trust Administration Defects
A trustee typically has a large array of duties to perform during the lawful administration of a trust. The trustee’s responsibilities can be described as follows: loyalty to the beneficiaries, competent execution of the terms of the trust, correct exercising of powers inherent in the trust, transparency in accounting and more.
Disputes may arise when anyone with an alleged interest in the assets of the trust comes forward with claims that the trustee has failed to fulfill their duties properly. This usually happens when someone believes they have lost or may lose out in some way because of the trustee’s wrongdoing. Likewise, trustees may seek counsel when they want to address accusations or address rumors before formal legal action has been taken by a challenger.
At Flournoy McLain, P.C., our estate law attorneys represent parties on either side of trust litigation:
- The trustee
- A challenger, such as a beneficiary, creditor or business partner or any other interested party
Trust litigation may occur while the creator or primary beneficiary of a special needs trust or spendthrift trust is still living or after the creator of a trust has died. To request a review of issues you are facing and potential resolution in or out of court, contact us at your convenience.
Issues That May Lead to Trust Litigation
No matter who helped you set up a trust, you need an experienced litigator’s advice if a dispute has the potential to escalate to the level of a lawsuit. The trust you are in charge of or seeking to challenge may be at risk in some way during the trust administration proceedings. Alternatively, you may believe some assets have been improperly deeded to the trust.
Regardless of your specific concerns, you have our assurance that our attorneys are ready to help you identify assets, discover what actions have been taken, determine whether any wrongdoing has apparently occurred and prepare to take appropriate legal action. This describes the perspective of someone other than the trustee. As a trustee, you may be concerned about protecting your good name as well as the integrity of the trust.
Protect Your Interests and Reputation When a Trust is at the Center of a Legal Conflict
Estate litigation of any variety may be urgent or distressing for emotional, family and financial reasons. Rather than lose sleep worrying about what may go wrong or what has already gone wrong, consult with one of our dedicated and experienced estate law attorneys to prevent or prevail in litigation over a trust or any aspect of an estate.