Trust Litigation Attorney Chesterfield MO
A trustee has a fiduciary duty to act in the best interests of the beneficiaries of the trust. Many legal disputes involving trusts are initiated by beneficiaries. Mark Harford Law can help you with your trust litigation matters. We know how frustrating it can be to deal with a trustee who may damage the trust corpus. The following is general information about our trust litigation practice.
Trustee Disputes
A trust is a legal instrument which allows a trustee to manage money or property for the beneficiaries named under the trust. A trustee has a fiduciary relationship with beneficiaries. The trustee must act in the best interest of the beneficiaries. Trustees may not manage the trust in the proper manner. If you need a trust litigation lawyer in Missouri, you should reach out to Mark Harford Law as soon as possible.
The Factors Related to Trustee Abuse of Discretion
Some trusts are discretionary which means the Trustee may in his/her opinion decide what happens with trust assets, is in their sole discretion.
Some trusts are non-discretionary which restricts the Trustee’s decision on trust property disposition.
Trustee’s must provide an accounting to the beneficiaries and account for the assets coming into the trust corpus and assets expended.
A trust is a formal document requiring certain actions of execution to create a valid document.
If you have questions regarding trusts, Mark Harford can help you with forming a trust or enforcing a trust if the Trustee fails to live up to the standard of safeguarding the trust property and distribution of same.
Revocable Trusts
A revocable trust is a legal instrument that can be utilized in many unique ways. Also, a revocable trust can be altered or dissolved by the settlor. You may need to create an irrevocable trust for specific purposes. However, most trust litigation involves revocable trusts.
The Information Necessary to Create a Revocable Trust
Revocable trusts are not all identical, and they are used for many different purposes. The following elements are often necessary to create a revocable trust:
- A notarized signature of the settlor
- The name of the trustee responsible for carrying out the provisions of the trust
- Names of beneficiaries
- A description of the real property to be placed in the trust
These elements are important to the creation of a revocable trust. Many individuals who are interested in creating a revocable trust must reach out to a trusts and estates attorney. Formalities must be satisfied for the successful creation of a revocable trust.
Contact Law Office of Mark Harford Today to Schedule a Free Consultation
Going through trust litigation proceedings can be stressful and emotionally overwhelming. We have years of experience representing clients in trust litigation cases. Contact us today to schedule a free consultation during which we can discuss the facts of your case.
You do not have to face opposing counsel and other parties alone. Reach out to us today to learn more about your legal options and how you can pursue trust litigation in the State of Missouri.
