Trust Litigation

There are many circumstances where you might not necessarily agree with the trustee who has been appointed to manage a loved one’s trust or they haven’t necessarily crossed the line. But what about situations in which a trustee has violated their fiduciary duty or has even broken the law?

In these circumstances, as a beneficiary, you have the right to hire a trust litigation lawyer in Michigan to help you. As a trust litigation attorney in Michigan can tell you, there are numerous reasons why you might wish to open a legal conflict against a trustee. A trustee has what is known as fiduciary duty and violation of this can lead to them getting removed from their role of trustee or being found personally accountable for the damages that they have caused the trust.

In any of these circumstances it’s imperative that a dedicated attorney take action as soon as possible to support these aspects of a claim. As a trust litigation lawyer can inform you during an initial consultation, it is a serious matter to accuse a trustee of breach of fiduciary duty and it is one that should always be undertaken with careful consideration of possible impacts. For example, imagine that another family member is the person serving as a trustee. Accusing them of mishandling funds or engaging in self-dealing could be a matter that follows your family for decades.

It’s one that you only want to undertake in the sense of litigation when you have gathered enough evidence to show that they have really done harm to the trust, and you have solid reason to believe that you need to move forward with these concerns in court. If you would like to learn more about the trust litigation process, educate yourself first and determine whether or not the trustee’s actions have truly violated the law or the terms of the trust. For example, one common reason to open a trust litigation case is because a trustee is favoring one beneficiary over another.

A trustee has a legal responsibility to be impartial and to treat all beneficiaries of the estate equally. Unfortunately, this doesn’t always happen, and it is often the case that other beneficiaries discover that one has been primarily supported or getting additional favoritism. Since this is not acceptable for the trustee to do, a beneficiary who is not receiving the favoritism needs to find a dedicated attorney who has handled trust litigation cases before.

This might be the only way for that beneficiary to understand their rights and whether or not they have the appropriate grounds to open a legal claim. From there, if a lawyer determines that favoritism has occurred and that it has harmed the other beneficiaries of the trust, a trust dispute is opened. This puts administration of trust assets on pause until it can be investigated what actions the trustee is taking. If the court determines that the trustee has breached their fiduciary duty, especially if they have been involved in more than one type of ethical or illegal concern, the trustee could be removed from the trust entirely.

Although it can be difficult to argue that a friend or a family member has been one to violate the trust, it might also be the only way to protect the important assets inside the trust that were placed there for you as a beneficiary by a loved one or a friend. In these circumstances, with so much at stake, it’s important to have an attorney who is very familiar with this aspect of the law and who will work hard to uncover all the necessary evidence and key issues for you.

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