Trust Litigation

Experienced representation in complex trust disputes and litigation

When Trust Disputes Require Legal Action

Trust disputes can arise from various circumstances, often involving complex family dynamics, substantial assets, and competing interests. When trust administration breaks down or conflicts cannot be resolved through negotiation, litigation may be necessary to protect your rights and ensure proper trust administration.

Common Trust Litigation Issues

Trust litigation can involve a wide range of disputes and legal challenges:

✓ Breach of fiduciary duty by trustees who fail to act in beneficiaries' best interests
✓ Trust validity challenges based on lack of capacity, undue influence, or fraud
✓ Accounting disputes over trust financial records and transactions
✓ Distribution conflicts regarding timing, amounts, or beneficiary eligibility
✓ Trustee removal petitions for incompetence, conflicts of interest, or misconduct
✓ Trust interpretation disputes over ambiguous or conflicting trust terms

Our Trust Litigation Services Include:

Beneficiary Representation

Aggressive advocacy for beneficiaries whose rights have been violated or who are not receiving proper distributions from trust assets.

Trustee Defense

Defense of trustees facing allegations of breach of fiduciary duty or other claims related to trust administration.

Trust Contest Actions

Challenging or defending the validity of trust documents based on lack of capacity, undue influence, fraud, or other grounds.

Accounting and Surcharge Actions

Compelling trustees to provide proper accountings and seeking monetary damages for losses caused by trustee misconduct.

Trustee Removal Proceedings

Petitioning for removal of trustees who are not properly fulfilling their duties or defending against removal actions.

Trust Modification and Termination

Seeking court approval for trust modifications or terminations when circumstances have changed or trust purposes have been fulfilled.

Our Trust Litigation Approach

Case Evaluation

Thorough review of trust documents, financial records, and circumstances to assess the strength of your case and potential outcomes.

Strategy Development

Creation of a comprehensive litigation strategy tailored to your specific goals and the unique circumstances of your case.

Discovery Process

Aggressive pursuit of all relevant documents, records, and testimony necessary to build a strong case on your behalf.

Settlement Negotiations

Exploration of settlement opportunities when appropriate, while maintaining readiness to proceed to trial if necessary.

Trial Advocacy

Skilled courtroom representation to present your case effectively and achieve the best possible outcome.

Post-Judgment Support

Assistance with enforcement of judgments and ongoing monitoring to ensure compliance with court orders.

When to Consider Trust Litigation

🚨 Red Flags

Trustee refuses to provide accountings or information
Suspicious transactions or self-dealing by trustee
Failure to make required distributions
Conflicts of interest affecting trust administration
Significant losses due to poor investment decisions

⚖️ Legal Grounds

Clear evidence of breach of fiduciary duty
Documentation of trust document violations
Proof of financial losses or damages
Evidence of fraud, undue influence, or lack of capacity
Pattern of trustee misconduct or negligence

Facing a Trust Dispute?

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