What You Should Know About Trust Litigation

Posted by smith clea on July 16th, 2022

Trust litigation refers to disputes between two parties that make or take part in the administration of trusts. 

Trusts are legal instruments that ensure you can transfer property to someone else. You can transfer property into a trust.

Who will then be responsible for managing the assets on your behalf while they are held in trust? 

There are two types of trusts, testamentary and inter vivos. 

Testamentary trusts are created when you leave the property in your will.

Whereas inter vivos trusts, also known as Living Trust, are created during your lifetime, with specific instructions on how to manage the assets being put into place before you die.

What Is Trust Litigation?

Trust litigation is a process that can be used to settle disputes between the beneficiaries and trustees of a trust. 

This type of litigation can be used to determine how the trust should be managed, who should receive what assets from the trust, and how the trust should be distributed. 

Trust litigation can also be used to challenge the validity of a trust or to have a trustee removed.

Why Does A Court Get Involved In Trust Litigation?

A court becomes involved in trust litigation when the terms of a trust are disputed or when someone challenges the actions of the trustee. 

The court will review the terms of the trust to see if the trustee is following them. 

If the trustee is not following the terms of the trust, the court may order them to take specific actions or remove them from their position.

Who May Need To Involve The Court?

A trustee may need to involve the court if the beneficiaries of the trust are not cooperating. 

If the trustee is being accused of breach of fiduciary duty, if there is a question about the interpretation of the trust agreement, or if someone is trying to revoke the trust. 

If you are involved in any of these situations, you should speak to an attorney to learn more about your rights and options.

When Does Trust litigation Begin?

Trust litigation can begin when the trustee breaches their fiduciary duties, when there are disagreements among the beneficiaries, or when the terms of the trust are unclear.

If you're involved in a trust dispute, it's important to understand the process and what your options are. 

Trust litigation can be complex and time-consuming. 

But with the help of an experienced attorney, you can resolve the issue and move forward.

Who Are The Parties Involved In Trust litigation?

In trust litigation, the settlor, trustee, and beneficiaries may all be involved. 

The settlor is the person who created the trust. 

The trustee is the person who manages the trust. 

And the beneficiaries are the people who benefit from the trust.

What Happens After Initial Filing And Issues Of Jurisdiction?

After the initial filing, the court will set a schedule for the case. 

This schedule will include deadlines for the parties to file certain documents, such as a complaint or answer.

The court will also set a date for a pretrial conference. 

In the pretrial conference, the attorneys will meet with the judge to discuss the case. 

If the case is not resolved at the pretrial conference, it will go to trial.

Rights, Duties, And Obligations Of Beneficiaries And Trustees During Litigation

During trust litigation, beneficiaries and trustees have certain rights, duties, and obligations. 

Beneficiaries have the right to information about the trust and its administration.

They also have the right to challenge the trustee's actions and the right to receive distributions from the trust. 

Trustees must administer the trust in good faith and under its terms. 

They must provide beneficiaries with information about the trust. 

They also must avoid conflicts of interest and self-deal.

The End Result Of Trust Litigation – Settlement or Trial?

The end result of trust litigation is either a settlement or a trial. 

A settlement is an agreement between the parties to the litigation. 

It is typically reached with the help of their trust lawyers.

A trial is a proceeding before a judge or jury, in which each party presents evidence and argument in support of their respective positions.

Clea Smith is a USA-based author on Legal issues related to estate planning, will & trust, business law, and elder law. Clea Smith does her best writing on these topics that help users to find the best solutions to their FAQ on estate planning, probate, estate planning attorney, and more about legal family issues. Author Clea Smith can be reached through www.rochesterlawcenter.com

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smith clea
Joined: February 6th, 2020
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