Trust Litigation

While trusts can be very beneficial for the heirs of an individual, improper trust administration can lead to many problems. This is unfortunate, as a trust is supposed to work to maximize a person’s assets for their benefit. If a trustee mismanages a trust, then the beneficiaries could lose out on their rightful distributions. A trust could also be contested due to the potential incapacity of the person creating the trust. A beneficiary may bring a lawsuit in regards to a trust for the following reasons:

1. Breach of Trust: If the trustee did not fulfill his/her duty to act in the best interest of the beneficiary, then that individual may be liable for the damages.
2. Accountings: The successor trustee has an obligation to provide the beneficiaries with an accounting of his or her actions when asked.
3. Trust Contests: A rightful heir may contest a trust that was created by an individual that was mentally incognizant at the time of its creation or was under the undue influence of another individual.
4. Property Reclamation: Sometimes, a successor trustee might distribute property
   incorrectly, or even take it for themselves.