Trust Litigation 101

Trust Litigation 101

According to Dallas law firm experts, getting a court to remove a trustee or taking back property is wrongfully taken The secret to a smooth sailing trust is being proactive about it.from the trust are possible ways to deal with a trust dispute. However, these are only two examples of the types of litigation that can occur. Here are a few other common ways that an argument can arise:

Taking back property wrongfully taken from the trust

Taking back property wrongfully taken from the trust isn’t a nebulous task, but it’s best to be prepared and educated about the ins and outs of such an endeavor. This is especially true if you’re a trustee in the throes of a contentious relationship. Luckily, there are plenty of resources available to help you out. Some of them are even free. For a start, check out the Trustee’s Handbook of Hartnett’s legal and financial services for up-to-date information on estate planning and administration, including the nitty gritty on probate and guardianship. It’s also worth a visit to your favorite barista for a quick, no-strings-attached discussion of your family’s assets and your philosophies. Hopefully, this will help you and your family in the long run. Fortunately, this should be a low-pressure environment, meaning you’ll be able to get the job done in a matter of days. The following tips will help you make the most of it.  Ensure you have all pertinent paperwork, such as your trust’s most recent IRS letter and tax return. Worse, if you’re in a hurry, your trust’s most recent tax filing may be snarfed before you read the last page.

Getting a court to remove a trustee

Getting a court to remove a trustee in trust litigation can be complicated. The first step is to seek a Dallas law firm to help you understand the law. Once you’ve found an attorney, you’ll need to file a petition in Probate Court. The judge will review the petition and set a date for an initial hearing. After that, the case will move forward to a trial. It can take up to 18 months for a chance to go away.

If your trustee has been exhibiting some form of misconduct, you can get a court to remove them. You will need to present evidence of a serious breach of fiduciary duty. The most common violations are allegations of mismanagement, failure to account, and theft of trust property.

If the Trustee’s actions or inactions are causing financial harm, a beneficiary or co-trustee might ask the court to remove the Trustee. A court will also suspend a trustee’s powers. This is done to neutralize the adverse effects of a lousy trustee.

To be able to obtain a court order for a trustee to be removed, the beneficiaries or other interested parties must petition the court. The court will then examine the petition, giving the trustee time to respond. If the trustee objects, the case will proceed to a hearing. The judge will then make a decision.

Bringing a contest to challenge the terms of the trust

Whether you are a beneficiary of a trust or have been named as a trustee, you may bring a contest to challenge the terms of the trust. Often, this involves trying to challenge the actions of a trustee, especially if the trustee has broken trust terms.

The first step to bringing a contest to challenge the terms of a trust is to determine if you have “legal standing.” which means you have the right to contest the trust. If you do, you can learn more about bringing a lawsuit to challenge the terms of a trust.

When a trust is contested, the court will usually invalidate the trust. This could be for fraud, mental incapacity, or even coercion. Typically, the legislature will consider the settlor’s written instructions, but there are other reasons a trust can be contested.

Another reason a trust can be contested is that the decedent did not have the mental capacity to understand the terms of the faith. The court can also set the trust aside if it was procured through fraud or undue influence.

You can bring a contest to challenge the terms of revocable and non-revocable trusts in the New York Surrogate Court. It would help if you had a financial interest in the faith to challenge it.