An Oregon trust litigation lawyer is there to answer your questions when you are not yet sure if you have the grounds for a trust litigation case or if you are currently a trustee and are nervous about losing this position or facing personal liability due to accusations from beneficiaries. As an Oregon trust litigation lawyer can tell you, it is very complex to be on either side of these kinds of cases and a lawyer is instrumental in helping to resolve these legal disputes between beneficiaries and trustees.
Understanding Trustee Responsibilities
The most common type of trust litigation case has to do with claims from beneficiaries that a trustee has not upheld their legal and ethical duties. Trustees have a fiduciary duty to the beneficiaries of a trust and this includes three different responsibilities.
- A duty of care
- A duty of full disclosure
- A duty of loyalty
Trust lawsuits typically involve disputes over the administration of a trust by a trustee. Hiring an experienced Oregon trust litigation lawyer could be an action step taken by someone on either side of this case. For example, a trust litigation attorney in area could defend trustees from claims made against them or help beneficiaries with claims where they believe that a trustee is responsible for ineffective or improper trust management. There are also other types of trust litigation cases associated with mistakes having to do with the filing of cases.
The creation of a trust requires specific statewide rules and regulations and when someone was encouraged to create a trust due to improper influence or failed to complete the proper modifications on the trust, it is necessary to retain a trust litigation lawyer in Oregon to sort out these matters. Trust litigation claims are very complex and should only be handled by a dedicated and experienced attorney.
How Do I Know Someone Has Violated Trust Terms?
If you have seen a copy of the trust documents or if your loved one talked with you about it, you might have a sense that you’re not getting the full picture when the trustee talks to you. A trustee does have to submit an accounting and keep in contact with beneficiaries, but you might not have heard from them in some time or be in disbelief about the state of the accounting provided. In those cases, you need to know that you have options ahead of you such as speaking with a lawyer about trustee litigation.
When you bring a claim against a trustee, the judge will look at whether or not there is evidence that the trustee failed to act or acted improperly. If it can be shown that this did happen, the trustee might get removed from their role completely. The judge can also compel a trustee to do certain things, such as provide a formal accounting as to where all of the funds went.
No matter what your suspicions, this is a serious matter. Accusing someone else of breaking the law is a major concern that should only be brought forward if you are confident something is amiss. If you’re not sure how to gather that evidence, simply speaking with a lawyer can give you some idea of how to proceed so that you feel confident in your next steps. Make sure that you have legal counsel who has worked on cases like this before so that you have clarity on your approach and plan.
If you think a trustee broke the law or the terms of the trust, there is never a better time to act than now.