Trust is usually created to protect the beneficiaries especially the minors against frauds, against incompetence, and or receiving a lump sum of money. However, there can be disputes over the administration of trust which are legally undertaken by the trustee. The litigation process is long and may involve diverse but related legal actions. Therefore, such a process requires a well-conversed and experienced attorney who will help to navigate the litigation process and guarantee the desired results. You may find yourself in such situations of violation of trust policy/ or wrangles with the trustee and wishes to hire a lawyer, the first question comes is are there trust litigation attorneys near me? Of course, they are all over and you can easily access them even through online websites and social media.
Causes of trust litigation
Trustee defense; sometimes the trustee might be accused of malpractice while executing the trust orders or responsibilities. Therefore trust litigation can be carried to protect the trustee for the action during or after execution of the duties.
Violation of fiduciary duty.
The trustee may violate or improperly manage the trust. Therefore the beneficiaries may claim or accuse the trustee of the violation of fiduciary duty. The trustee may also be defended against such claims if they have proper and reasonable reasons for the actions.
Undue influence. Some people or organizations may try to change the trust to favor them or benefit from the trust. Such influence can call for trust litigation as they violate the initial objective and policy of trust such as privacy.
The grantor may be mentally incapacitated when creating the trust. Therefore trust litigation can be carried out to change the trust and the policies. Similarly, the trustee may develop some incapacitation that may affect the ability to effectively execute the management or the responsibility of the trust.
In some cases, the trustee may give inaccurate or improper accounts on the assets to the beneficiaries hence arising accounting issues that may require legal action. Such disputes on the accounting between the trustee and the beneficiaries end up being solved in court.
Interference with the trust.
A trustee may interfere with the testamentary or the documents given by the grantor to favor them or another person hence violating the trust policy. Such interference arises the question of the validity or viability of the trust hence call for trust litigation
A trustee has a right to file a legal dispute in case of any objections concerning the trustee or his actions. Similarly, the trustee has a right to defend himself for the execution of their responsibilities or management of the trust if accused of improprieties. For this reason, both the trustee and beneficiary require an attorney to represent their cases in the legal process. Due to the long legal process, the trust lawyer will help to quicken the process and settle the dispute concerning the trust. A litigation process can happen before or after the death of the trust creator. The process can be aimed at changing the creator’s will or get court direction if the will is unavailable.