Every year, the probate court receives tens of thousands of the filling relate to the estate disputes. Many of these estate fillings arise when the beneficiaries are in the disagreement with the trustee or the trust. The legal battle can be costly and time-consuming for both the beneficiaries and the trust. The matter can be more involved in the case there is family relation involved.
The first and most common trust dispute is the modification of the original trust. The modification to the original trust can either be introduced by the trust of the beneficiaries. It is only in the court where the trust can be modified. The petition must be supported by the facts that it is meant to help in the management of assets as per the intention of the trustor. For the filling to be successful, there should be unanimous agreements between the beneficiaries.
It is required that the trustee exercise their rights for the best interest of the beneficiaries. Otherwise, the beneficiaries may hold the trustee liable for the breach of the fiduciary duty. No fulfilling the directives of the trust, comingling of the assets, taking advantage of the position, and mismanagement are some of the situations where the trustee may breach the fiduciary duty.
Another common reason for the dispute over the trust is questioning its validity. A trustor should have mental capacity at the time of coming up with the trust. Another feature of a valid trust is that it is not subjected to undue influence. Also, a valid trust should not be affected by fraud. In the case the trust does not align with the above requirement, the court will consider it as invalid.
In the case the trustee and beneficiaries are not agreeing, you should find a resolution in the court as the matter is complicated and therefore you cannot handle it by yourself. The best thing in this situation is to find and hire an attorney lawyer. An estate lawyer will be of great help because they specialize in the estate and trust issues. Expertise of the lawyer is the most essential thing that you need to consider. Read the online reviews to determine the kind of lawyer that you are dealing with. When you working with the best lawyer, you are sure that the case is going to be ruled in your favor our.
After you have realized that the trust has been breached, you have almost six years to file the case. The time limit may be different in various states. After filling the case, the court is going to give a ruling. It is vital to note that the trustee can only be removed only with the discretion of the trustor.