What is Trust Litigation?
Trust litigation is a legal dispute involving a trust. Disputes can occur for many reasons and among many different parties. For example, there are disputes between the trustee and beneficiaries, individuals not listed as beneficiaries and those that are, and among two or more beneficiaries. When the parties involved can’t come to an agreement on their own, the case may go to trial. If you’re considering taking such measures to resolve your trust dispute, you’ll need a Missouri trust litigation attorney to represent you
Common Causes of Estate and Trust Litigation
Breach of Fiduciary Duty
Trustees are obligated to act in the best interests of the beneficiaries when handling the trust. When the trustee or executor fails to do so, there may be a breach of fiduciary duty. One example includes a trustee failing to keep proper accounting records for the trust. There are countless instances of breach of fiduciary duty involving trusts. If the trustee is behaving in a way that goes against the interests of one or more beneficiaries, trust litigation may become necessary to handle the dispute.
Trust Disputes
Disputes manifest in several ways when trusts are involved. Sometimes, a beneficiary disagrees with the terms listed in the trust. One common trust litigation case involves questioning the validity of the trust. In Missouri, a beneficiary can question the legitimacy of a trust in certain situations. Missouri laws state that if a beneficiary believes the creation of the trust involves fraud, ambiguous phrasing, creation under duress, or lack of capacity, the trust can be challenged in court. In other trust disputes, a beneficiary can challenge the way certain aspects of the will are handled. Although many trust disputes can be handled outside of court, trust litigation is sometimes necessary to find a resolution.
Contested Will
Any solid estate plan should include a trust as one piece of a larger puzzle. That means that different estate planning documents can overlap. In some cases, a will and trust may have conflicting information and instructions, which can call the validity of both into question. Contested wills, trusts, and other estate documents can require complex knowledge of Missouri estate planning laws
Contact a Missouri Trust Litigation Attorney
In some cases, moderation can resolve trust disputes; however, if other avenues fail, you may wish to pursue trust litigation. You need an experienced attorney who can handle your case so you don’t have to fight alone. At Mark Harford Law, we use a combination of experience and skill to help our clients find a resolution that’s right for them, whether that’s through mediation or trust litigation. Schedule a consultation to discuss your trust dispute with a trust expert at Mark Harford Law. We can answer your questions about trust litigation and other tactics that will bring your trust dispute to a close successfully.