Trust Disputes and Fiduciary Litigation
Trusts, while usually intended to make things less difficult, frequently complicate things. Think about it: a “trustee” is a person who is in charge of other people’s money. Whether the other people are children or adults, managing someone else’s money is tricky… even in families where everyone gets along all the time. And when the trustee is a sibling or other family member, tension and sibling rivalry can make that tricky situation even worse. While trust or “fiduciary” litigation can be hard on a family, sometimes it is necessary to force everyone to do the right thing. If everyone does not agree what should be done, then you are facing a trust dispute.
Whether there’s a fight about who should be in charge or who should get what, if you have reason to believe that you’re not receiving what you are supposed to get according to the trust, you may have grounds to hold the trustee responsible. Sometimes, it’s as simple as the person in charge – the trustee – not knowing, or misinterpreting, what they are supposed to do to properly administer a trust, and avoiding the situation by refusing to communicate. Other times, your worst suspicions are confirmed: greed gets in the way of what’s right, clouding the judgment of someone your family member trusted with this very important job. Maybe the “trustee” is using estate property as though it was his own, or has transferred property into her own name. Whatever the situation, there’s someone taking advantage of the trust, and ignoring the wishes of the trust “grantor,” or creator. Action must be taken to stop this unethical behavior, and prevent a breach of fiduciary duty.
Sometimes, trustees are professionals. Other times, trustees are family members. When the trustee is also your family member, we recognize that there are special considerations. You may be concerned about keeping the peace, and preserving family harmony, while making sure that the wishes of your loved one are upheld. We can help you ask the right questions, and get the information you need for whatever path you decide to take to hold the “trustee” accountable. We can peacefully negotiate a solution, gain leverage in negotiation or mediation, or use information to your advantage in settlement or litigation. We make sure things are being handled fairly. We get you the information you deserve. We protect the trust beneficiaries. We fight for what’s right.
If someone is taking unfair advantage of the trust, and you need answers, give me a call.
We also can help in estate disputes and will contests, when there is an estate and something’s not being handled right.
