Trusts can generate many different types of disputes and litigation. Here are a few of the issues we see most often.
Requesting Trust Information
Although beneficiaries often have a right to request and receive financial information about the trust, sometimes due to animosity or distrust among the parties, the trustee refuses to share any information. In these cases, we make formal and informational requests for our clients and review documentation.
Abuse of Discretion
Usually, in these cases, the trustee is unreasonably refusing to distribute funds to beneficiaries, where the trust document gives the trustee discretion. Discretion, by its nature, gives the trustee power, but this is often not unlimited, and the beneficiary can ask for court intervention.
Breach of Fiduciary Duty
Breach of Fiduciary Duty occurs when an estate Administrator (estates without a Will) or Executor (estates with a Will), who represents the estate and has a duty to lawfully and fairly administer the estate, breaches that duty through negligence, fraud, self-dealing, stealing assets, and similar actions. Breach of Fiduciary Duty claims usually seek to remove the fiduciary from his or her position and pay for any damages of the breach.