Trust litigation refers to a group of disputes that occur in relation to the creation or administration of a trust. These disputes can be about the existence of the trust itself and whether or not it is legally valid or was created under appropriate mental capacity and legal rules within the state and the actual administration of the trust, such as when a beneficiary accuses a trustee of breaching fiduciary duty.
Understanding Breach of Fiduciary Duty Claims
As a North Carolina trust litigation attorney can tell you, there are many different reasons why a beneficiary might argue that a trustee has violated their legal responsibilities. Fiduciary duty refers to the trustee’s responsibility to adhere to all state laws and act within the best interests of the beneficiaries. When this is not done, those beneficiaries can argue that the trustee should be removed from administering the trust. In many cases, it boils down to miscommunications or misunderstandings about things the trustee has or hasn’t done but in other cases there can be more obvious examples of illegal activity or incidents involving the trustee violating their duty of loyalty. In all of these circumstances it can be beneficial to hire a North Carolina trust litigation attorney to be clear about your rights and responsibilities.
A trustee who is involved in self-dealing, such as making investments with terms from the trust that do not represent financial prudence or can actually harm the beneficiaries of the trust by decreasing an account value while the trustee is experiencing financial gains due to a personal connection to that investment are clear indications of when a trustee should be removed from their post. In all of these circumstances it’s wise to consult with a knowledgeable trust litigation attorney in North Carolina to clarify whether or not what you believe forms the basis of the case is accurate in line with what will hold up in court. Trust litigation is extremely complex and it can be difficult to move forward with a case like this on your own largely because you may not be familiar with the state laws and common interpretations by the court. An experienced trust litigation lawyer in your area, however, will have a great deal of experience in handling these kinds of cases and can give you a better perspective on whether or not your perception is correct and any other important issues you should know before moving forward with your legal case.
When You Should Hire a Lawyer
As soon as possible after identifying that you may have grounds for a trust litigation claim, you need to share these details with an experienced trust litigation lawyer in your area. You’ll learn more about how the legal process works and the types of evidence that you might need to collect in order to open a claim. If you are a trustee, you may also need the services of a trust litigation lawyer in your area to protect yourself and defend your reputation against these charges. It can eb very difficult for beneficiaries to prove that a trustee has acted illegally or unethically since some form of evidence will be needed to form the basis of these claims.
If you have further questions about how this process works and would benefit from speaking with an experienced probate dispute lawyer, do not hesitate to reach out for that purpose today.