Resolving Complex Trust Litigation
The need for litigation involving a trust can arise when trust funds are mismanaged or when a dispute arises regarding how particular terms and conditions are to be interpreted. In regard to the former, trustees can be held financially liable for a violation of fiduciary duty that results in economic harm to a beneficiary. Regarding the latter, disagreements may arise as to how and when funds are to be disbursed or how trusteeship is to be transferred.
At the Law Offices of H. Michael Soroy, our attorneys counsel, advise and represent trustees and beneficiaries in matters related to trust litigation. When necessary, we consult accountants and experts as needed in preparing and leveraging our client’s case. While our lawyers are experienced negotiators, we prepare each case for trial in order to ensure all pertinent issues are properly researched and addressed.
Regardless of whether you are a trustee facing allegations of mismanaging a trust or a beneficiary contesting the actions of your trustee, we can help. We invite you to contact us today to schedule an initial consultation.
Trust Litigation – Causes Of Action
While there can be any number of causes for litigation in regard to trusts, our attorneys represent clients in regard to the following:
- Allegations of financial mismanagement involving trust funds
- Violations of fiduciary responsibility on the part of a trustee
- Failure to file an accurate tax return
- Failure to provide full disclosure of funds in annual trust report
- Refusal to disclose investment actions with trust funds
- Dispute regarding disbursal of trust funds
- Dispute regarding the transfer of trusteeship
Fiduciary Responsibility And Trustees
Trustees are legally and financially accountable for how they manage a trust. Their fiduciary responsibility requires them to act in the best interest of a beneficiary. This means they cannot act as a dual agent or act in a way that is contrary to the best interests of a beneficiary without disclosing this information first. When funds are mismanaged, a beneficiary can seek restoration by suing his or her trustee.
In order to determine if a trustee acted negligently, his or her actions must be reviewed, funds audited and market conditions evaluated. When representing our clients, our attorneys work with financial experts and forensic accountants when necessary to recreate what happened and determine if a trustee violated his or her fiduciary responsibility.
Contact Our Trust Litigation Attorneys
Once trust funds are depleted through bad investment choices or mismanagement, they may be difficult to recover. If you believe your trustee failed to act in your best interests or if you are accused of mismanaging a trust, get in touch with us to discuss your options.