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What is trust litigation?

Trust litigation occurs when there are disputes about the distribution or handling of a deceased person’s assets. Just as probate litigation involves challenging the terms of a will, trust litigation involves challenging the terms of a trust. You may be named in an estate litigation lawsuit if you're one of the beneficiaries of the trust, or if you're a trustee accused of mismanagement.

When Is Trust Litigation Necessary?

Learning about trust litigation in FLIdeally, a trust should be formed with the help of an estate planning attorney to ensure that instructions are clear and there are no errors or oversights that could lead to lawsuits. However, legal problems can still arise if heirs disagree on the terms of a trust.

You may need to hire us as your trust litigation attorneys if:

  • There are assets missing from the trust. Trustees have a duty to follow the directions laid out in the trust, and to act only in the best interests of the trust or its beneficiaries. If you suspect a trustee has been stealing or mismanaging trust assets, they can be compelled to provide accounting information to the beneficiaries or be considered in breach of the trust.
  • You were unexpectedly disinherited. Although some heirs are intentionally left out of a trust, there are cases where disinheritance should be challenged. For example, if the deceased promised that you would inherit and the trust was recently amended, we can help you investigate the matter and press your claim.
  • You suspect fraud or criminal activity. If someone coerced the creator of the trust to change the terms in their favor, you may have a case of financial elder abuse. If any documents were forged, the trustee could face both civil and criminal charges.

The attorneys at DeLoach, Hofstra & Cavonis can meet with you to discuss your legal concerns and help fight for what you deserve. Simply fill out the quick contact form on this page to set up a consultation and get answers to your questions.