Every year, the probate court receives tens of thousands of the filling relate to the estate disputes. Majority of the estate cases involves the situation where the beneficiaries and the trust/trustee are in dispute. The legal battle can be costly and time-consuming for both the beneficiaries and the trust. Family relation can make the matter even more complicated.
Modification of the trust is one of the common things that cause the estate dispute. The alteration can either be introduced by either the beneficiaries or the trustee. It is only in the court where the trust can be modified. The court will only support the modification in the case it is meant to help in the management of the assets as per the original intension of the trustor. Beside, the medication will only be approved if all the beneficiaries have agreed.
Every trustee is required to act in the best interest of the beneficiaries. In the case the trustee is acting contrary, the beneficiary will consider it as a breach of the fiduciary duty. A trustee may breach the fiduciary duties through the mismanagement of the estate, taking advantage of their position, comingling of the assets, and also going against the directions of the trustor.
If a person is questing the validity of the trust; a trust disagreement may arise. A trustor should have mental capacity when they drafting the trust. The trust should not be subjected to undue influence. There should not be an aspect of fraud in the trust. In the case the trust does not align with the above requirement, the court will consider it as invalid.
When the beneficiaries and the trustee are not in the good terms, it is vital to find a legal resolution on the matter; the matter is complicated, and therefore you cannot handle it by yourself. The best thing in this situation is to find and hire an attorney lawyer. These are kind of lawyers that have extensive knowledge in the matters of trust. When you are finding a lawyer, you should consider the one who has been in the field for a long time. To learn more details about the lawyer, you should scrutinize the online reviews. When you working with the best lawyer, you are sure that the case is going to be ruled in your favor our.
The trust breach claims can only be filed with a span on six years after the occurrence. It is however vital to note that the time limit varies with countries. The attorney is going to represent you in the court to help you in winning the claim. The trustee can only be removed from their position only with the direction of the trustor.