Trust Litigation

---

Trust litigation covers a myriad to topics that need a judge to resolve. The following are just a few example of Trust Litigation cases:

• Terms of a trust may be ambiguous and the parties cannot agree on what the trust says or means. A trust can also have a drafting error that the court needs to correct.
• Many people took advantage of low interest rates to refinance their home. Banks often insisted that the house come out of the trust to get the loan and the house is never put back into the trust. This may be easily fixed without a probate.
• A beneficiary may challenge a trust claiming that the Settlor did not have the required mental wherewithal to execute a trust, also known as a lack of testamentary capacity. This kind of trust contest raises issue of dementia, illness, old age, substance abuse, and is quite complex.
• Trusts are also frequently challenged on the grounds of undue influence. Here, it is claimed that the Settlor was so subject to the will of another person that the trust does not represent the wishes of the Settlor, but that of another person.
• Many Successor Trustees take over when a loved one becomes incompetent or dies and the successors are not properly instructed on their duties and responsibilities as Trustee. The Trustee may then fail to properly carry out his or her duties and may be subject to removal by the court and/or may be ordered to repay the Trust for loss of funds that the trust has suffered.

Schedule a consultation to learn how we can help.