Trust Litigation

Are you familiar with circumstances that might encourage you to contact a Nevada trust litigation lawyer? A Nevada trust litigation attorney is there to guide you as a beneficiary through the process of filing a claim against a trustee. When a person creates a trust, there are three primary individuals involved in this process.

The first of these is the trust creator, also known as the grantor, and this is the person who puts together the trust for the purpose of helping beneficiaries. Beneficiaries are those individuals who are entitled to receive distribution of assets from inside the trust. The third party is the trustee who is the individual responsible for handling administration of the trust according to the law and its terms.

Unfortunately, however, there are many different circumstances when this can fall apart and when it is necessary to retain an experienced Nevada trust litigation attorney. As a trust litigation attorney in Nevada can tell you, you need to empower yourself with information and act quickly when you believe that you have a claim against a trustee.

For example, if a trustee is embezzling funds from the trust, you will want to act sooner rather than later to stop these actions and to protect the assets and the overall value of the trust. It is indeed a serious matter to retain a trust litigation lawyer in Nevada and to claim that somebody is violating their ethical or legal duty but it is also the only way to make the court hold an unethical trustee responsible. There are many reasons why you might end up in the midst of a trust conflict or dispute. The most common of these has to do with actions taken by the trustee.

For example, maybe you believe they have been involved in self-dealing, such as making investments that benefit them but do not protect the value of the trust or the value of those assets for beneficiaries. In those circumstances, you may be eligible to open a trust litigation case to have the trustee removed or to require them to complete an accounting about what has happened to the assets inside the trust. This can be especially important when you have not been able to communicate effectively with the trustee.

Trustees have what is known as a fiduciary duty to the beneficiaries of the trust, meaning that they must act in the best interests of these beneficiaries. Unfortunately, some trustees are not aware of this responsibility or do not understand what it entails in practice and this can land them in the midst of trust litigation. If you find yourself in these circumstances, it is best to consult with a trust litigation attorney as soon as possible so that you can be clear about whether or not the circumstances of the case at hand have violated ethical rules or laws. In some cases, you might have already attempted to resolve things with the trustee in question and been unsuccessful in doing so.

If you have already pursued that route and have found it difficult or impossible to get the information you need or if your suspicions have only been confirmed by proceeding in that manner, you should set aside a time to speak to an attorney who is very familiar with trust litigation. Trustees do have a great deal of authority over the management of a trust but they are not able to act illegally or unethically and they can even be held personally liable for situations in which it can be shown in court that they have been involved in this type of behavior. It should always be taken seriously when you intend to file a claim involving the administration of a trust. Don’t wait to get help. Hire an experienced attorney immediately.