Trust Litigation

What is Trust Litigation?

Trust litigation is similar to probate litigation, except that it involves challenging a trust or the administration of a trust rather than a will. Generally, there are two types of trust challenges: challenges to the validity of the trust and challenges to the trustee or trustees.

Challenging the Validity of a Trust

The exact requirements for creating a valid trust and the grounds for challenging the validity of a trust vary somewhat from one state to another. Generally, the grounds fall into one of these categories:
●  The form or execution of the trust doesn’t meet legal requirements, rendering the trust invalid
●  The creator of the trust lacked capacity to execute legal documents at the time the trust was created–generally due to mental illness or a cognitive disorder
●  The creator of the trust did not voluntarily execute the documents–perhaps through fraud, or force, or undue influence

What Happens When a Trust is Invalid?

When a court finds that a trust is invalid, the terms of the trust are not carried out. What happens to the property in the trust depends on the circumstances. The property may revert to the grantor, if the grantor is alive. More often, a trust is challenged after the grantor’s death. In that situation, the property may become part of the grantor’s estate, and be distributed according to the terms of the will or under the state’s law of intestate succession.

The best source of information about what will happen when a trust is invalidated in your state is an experienced trust litigation lawyer.

Have Questions?

Our team is here to help with most legal issues that impact your life.

Challenges to the Trustee

One type of challenge involves the trustee’s fitness for the role. This may be on technical grounds, such as the trustee being disqualified by some aspect of state law. For example, in some states a person with a felony conviction is prohibited by law from serving as a trustee. Or, it may be because the trustee lacks the requisite skills to such a degree that the trust is not being properly administered.

In either situation, the remedy is typically to remove the trustee. If the grantor named a successor trustee, then that person would step into the role if they were willing and able to serve. If no successor trustee has been appointed or the chosen successor is unable or unwilling to serve, the court will appoint an alternate trustee.

Under more serious circumstances, beneficiaries may have direct claims against the trustee. For instance, if the trustee has misappropriated trust property for their own benefit, they will likely be liable for the resulting harm to the beneficiaries.

Start with a Trust Litigation Attorney

Often, beneficiaries of a trust may be dissatisfied with the terms of the trust or with the way the trustee is handling certain aspects of the trust. That alone generally won’t be grounds for trust litigation. 

If the trust itself is flawed, the trustee is ineligible or is failing to carry out their duties, or the trustee has violated the terms of the trust, it may be time to consider litigation. The best source of information about your options and the pros and cons of pursuing litigation is an experienced trust litigation lawyer.

Resolve is America’s Consumer Law Firm

Dedicated Attorneys
Resolve attorneys share our mission to make high-quality legal services available to consumers everywhere.
Broad Consumer Services
Resolve offers a wide range of services to provide our clients with more comprehensive, coordinated service.
A Single Trusted Point of Contact
No matter what your consumer legal issue, you can make Resolve your first call. No searching, no stress.
Nationwide Coverage
Resolve attorneys are licensed in dozens of states and admitted to federal courts in many others. Wherever you are, we’re here for you.

Need Legal Help?

Get In Touch.
Whatever your legal issue, the best first step is to make sure you have reliable information and knowledgeable guidance.

We built Resolve Law Group–America’s Consumer Law Firm–to help ensure that people like you have access to the help they need, no matter where in the country they are.

To learn more about how we may be able to help, contact us right now. Fill out the contact form on the right, or call or email us today.
Our Attorneys
Thomas John Patti III
View Bio
Allen Jones III
View Bio
Richard Feinberg
View Bio
Matthew Felty
View Bio
Syed Hussain
View Bio
Stuart Price
View Bio
Sal Perez
View Bio
Rabin Pournazarian
View Bio
Michael Yancey
View Bio
Mako Shuttleworth
View Bio
Tegan Rodkey
View Bio
Jenna Dakroub
View Bio
Dawn McCraw
View Bio
Candace Arroyo
View Bio
Steven A. Alpert
View Bio

Disclaimer

Resolve Law Group is a dba of Price Law Group, APC. Resolve Law Group is a law firm. This site is ATTORNEY ADVERTISING.

WE ARE A DEBT RELIEF AGENCY. We help people file bankruptcy petitions to obtain relief under the bankruptcy code.

Resolve Law Group attorneys are licensed in Alabama, Arizona, California, Florida, Georgia, Indiana, Kansas, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Pennsylvania, Oregon, South Carolina, Tennessee, Texas, Washington, Wisconsin. The firm may affiliate with or refer prospective clients to other law firms located throughout the country to provide legal representation.

The hiring of a lawyer is a critical decision and should not be predicated solely on comments, advertisements or other content found on any website.

An attorney-client relationship is not formed if you submit information through this site or if you call the phone number listed on this site.

In Missouri, we do not have a staffed office, and appointments are virtual.

Nothing on this site should be taken as legal advice for any individual case or situation. The legal information on this site is provided for general informational and educational purposes only and is not a substitute for professional advice. The use or reliance on any information on this site is solely at your own risk.

Prior results do not guarantee a similar outcome. Testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Contingent attorneys' fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases.

"No fee unless you win or collect" or “We never charge a fee unless and until we recover a settlement or win your case at trial refers to fees charged by the attorney and costs of litigation, unless otherwise agreed in advance.

Attorney Stuart Price, 6345 Balboa Blvd., Suite 247 Encino, CA 91316 is responsible for the content of this site.

For further information concerning the use of this site, please see our Privacy Policy.


Copyright © 2024 Resolve Law Group

chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram