Trust Litigation

Do you believe that a trustee is not properly managing the assets of a trust that was part of a loved one’s estate? Are you a trustee who has been accused of mismanaging a trust? These disputes can be resolved through trust litigation, a process that can be very complex.

If you are acting as a trustee for the first time, you may understand the general nature and scope of your fiduciary responsibilities, but you need to make sure you understand the areas that can present problems and cause you lots of stress, including the details of asset management, financial performance, accounting and reporting.

We’ll help protect you from liability issues and we’ll find ways to resolve disputes related to:

  • Breach of fiduciary duty
  • Conflict of interest
  • Waste or mismanagement of trust assets
  • Misappropriation of trust assets
  • Assessment of a surcharge as a result of damage to the trust
  • Failure to make timely accounts or reports
  • Replacement of the trustee

Trust beneficiaries must rely on the competence and honesty of others to enjoy the full benefit of their rights. When a trustee's performance falls short of what's required under the law, the beneficiaries are entitled to bring claims in probate court.

Pursuing trust litigation may help you recover losses due to waste, neglect, dishonesty or errors in the interpretation of the terms of a trust.

To learn more about how we can protect your interests as a trustee or resolve a dispute that impacts your rights as a beneficiary, call us at 860-259-1575.