Trust Litigation

Are you currently a beneficiary of a trust and are concerned about having to hire a trust litigation lawyer in New Jersey? A New Jersey trust litigation attorney can help you navigate the complex process of filing a claim against a trustee when you believe they have violated the law.

Several different challenges can lead to trust litigation and many of them have to do with allegations from beneficiaries against trustees. A trustee is the person who is appointed to administer a trust and hold a legal and fiduciary responsibility known as fiduciary duty. This means they cannot be engaged in any self-dealing or illegal actions that could harm the value of the trust, otherwise they could be removed from the trust and held personally liable.

There are several different circumstances that can increase trust litigation. The first of these is the use of strategies for disinheriting children. People are more likely to retain a trust litigation attorney in New Jersey when they feel that someone else is getting what was rightfully theirs. This is especially true for those children who believe that they are being treated unfairly. Some children may have legitimate grounds for claims of undue influence or a lack of capacity for the trust creator but in many cases these trust litigation claims will go nowhere. Invalid execution is another issue that can influence trust litigation.

A trust could be declared invalid if it was not properly signed, written, witnessed or executed per existing laws. Refer to New Jersey requirements for executing a trust as a common way to determine whether or not the trust was executed properly. Another common claim is lack of mental capacity. When estate plans have been drafted by elderly individuals in long term care facilities there is the possibility of someone else influencing the terms of the trust. It can be very difficult, however, to prove claims of lack of mental capacity or undue influence which makes it all the more important to retain an attorney.

Certainly the most common type of trust litigation claim is an allegation of breach of fiduciary duty. The trustee of the trust and executors of a will are responsible for following legal fiduciary duties. These are the only people who are eligible to distribute and gather assets which means they have the opportunity to mishandle trust administration whether or not it is intentional. If their duties are not followed to the letter, trustees open themselves to the potential of litigation from beneficiaries. If a trustee has been accused of malfeasance or other illegal activity, they will need to defend themselves in court.

Beneficiaries should verify that they are indeed interested parties as classified by the court and have an action plan for moving forward with the support of an experienced attorney. It is a serious matter to argue that someone has violated the terms of trust administration and therefore, it should be taken very seriously when you intend to proceed with a case like this. If you find yourself in this situation, make sure to get the support of a lawyer as soon as possible. If you are not yet sure whether you have grounds for a claim, sitting down with an attorney to discuss the evidence in your primary concerns can help open the door to this conversation.

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