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TRUST LITIGATION
Individuals with assets are turning
more frequently to the use of a trust instrument in
addition to or in place of a Will. A trust is a
document where a person or entity (the trustee)
manages the property of another (the trustor). Trust
instruments can be created while the trustor is
alive (an irrevocable or living trust) or to
substitute for a Will (a revocable trust) to provide
for the distribution of assets upon death. Like a
Will, the validity of a trust may be contested.
Additionally, the trustee appointed to oversee the
trust is sometimes sued for improper accounting and
trust mismanagement.
We handle all types of trust
litigation matters. Some of the matters we handle in
this area include:
Trust Contests, including lack of capacity, undue
influence, fraud, duress, coercion;
Breach of Trustee Duties (i.e. mismanagement and/or
misappropriation); Trust Administration Issues;
Representation of Trustees;
Trust Accounting Issues; and, Beneficiary Claims.
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