Trust Litigation

Trusts are not always straightforward when it comes to their administration. Disputes can come up and derail distributions to beneficiaries. When should you hire a Hawaii trust litigation lawyer and what do you need to know before getting this counsel to represent your interests in a trust litigation case? A Hawaii trust litigation attorney is the person who should be hired when a beneficiary is accusing a trustee of illegal or unethical activity or when a trustee has already been accused and needs someone to represent their legal interests in court. Note that in Hawaii the Circuit Court has exclusive jurisdiction over probate matters. HI Rev Stat § 560:1-21

In each of these situations it can be hard for beneficiaries and trustees to recognize the possible impacts of a disputed case outcome. For example, a trustee who is found to be in violation of their fiduciary duty to beneficiaries could be removed from this role.

The management of this case, however, could further drain the assets inside the trust which will have a negative impact on trustees. In all of these circumstances where delicate issues are at hand, retaining a trust litigation attorney in Hawaii is the recommended route for someone to pursue to get support for their claim or to decide whether or not to move forward with a legal case. If you are either a beneficiary or a current trustee and have questions about your rights and responsibilities, asking them now could decrease the possibility of prolonged litigation in the future.

Beneficiaries can have any number of grievances against a Hawaii trustee starting with claims that the trustee has acted illegally or has failed to give a proper accounting. Beneficiaries might also allege that a trustee has been involved in self-dealing or making investments or payments that are out of line with the terms of the trust itself. These are serious allegations and can harm the trustee’s role in this individual situation as well as their overall reputation.

They should always be handled with care by someone who has an experience in Hawaii trust litigation. Most trusts are drafted by estate planning attorneys and should be drafted to minimize ambiguity and confusion in the future, however, that does not always mean that the drafting completed by an estate planning attorney makes things easier for execution in the future. When this applies to your case, it is imperative that you have legal counsel advise you about whether or not the questions and concerns you have are valid enough to move forward with legal action.

There are many different issues and avenues to consider and you’ll want to know the pros and cons of moving forward as well as your possibility for resolving things outside of court in a settlement. Any type of trust litigation matter should eb dealt with promptly to decrease the possibility of escalated conflicts between beneficiaries and trustees. While many of these cases can be resolved outside of court in settlement conferences, not all of them will be successfully resolved and this means turning to an experienced trust litigation attorney to navigate these circumstances. You’ll want to have legal representation in your own corner to manage your aspect of the claim and to advise you about Hawaii specific rules and regulations.

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