Trust Litigation

Are you unsure of whether or not you have grounds to file a trust litigation case? The support of an experienced New York trust litigation lawyer can help give clarity to the situation and empower you with your next steps. Trust litigation comes about as a result of disputes between beneficiaries and trustees, particularly when beneficiaries believe that a trustee has violated their responsibilities or has failed to keep beneficiaries appropriately updated.

Hiring a New York trust litigation attorney might be the only way for beneficiaries to understand whether or not they have grounds for a case and to build a compelling case against someone who has violated their fiduciary duty. Litigation typically occurs when a legal challenge is brought forth against the execution or validity of a trust planning document.

Disputes of this nature can be extremely complicated and require the support of a New York trust litigation attorney to sort through. There are many different reasons to retain a trust litigation lawyer in New York as soon as possible, including:

  • Allegations of concerns over a person’s mental state, such as whether or not the person had the proper testamentary capacity to create a trust in the first place.
  • Concerns over dementia or other memory affecting diseases are often common allegations at this phase and can be notoriously difficult to prove in court.
  • Claims about forged signatures on a trust, which is highly unlikely and a very complicated avenue to pursue.
  • Allegations of undue influence, such as a person who was able to change the terms of the trust and convince the person who created the trust that such an action should be done in the first place.
  • Arguments over breach of trust by the fiduciary. If a trustee fails to properly manage funds, does not communicate in a timely way, engages in self-dealing actions, such as those financial decisions that benefit them but not the beneficiaries of a trust, engages in questionable accounting behavior, has a conflict of interest, or co-mingles assets, these can all become the basis of a trust litigation claim in New York.
  • General trust challenges. If you believe that another member of your family has already acquired a trust litigation lawyer and intends to enter into litigation or a challenge, it is helpful to gain support for your own perspective by retaining an attorney.

There are some situations in life that are very complex and can also challenge delicate family dynamics. Knowing where you stand and the different grounds on which to challenge a trust can be difficult to figure out on your own but having the support of an attorney who has been there before and who has helped many other people navigate this process can help give you some clarity and empower you with actionable steps. The support of an experienced attorney can also help de-escalate these situations when it’s possible to stop them from going into litigation in the first place. There are so many different factors to consider when deciding whether or not trust litigation is the right avenue for you.

You need to make sure that you have the good support of a lawyer to help enable you to pursue your next steps. There are so many different things to think about in the wake of this circumstance and you deserve to have an attorney who can answer these questions and help inform you about all of the options available to you. In the event that a trustee has violated their fiduciary duty or the law, you need to know your rights and taking action quickly might be the only way to remove the trustee and stop them from carrying out any further harm in this situation. Make sure that you get support from a lawyer as soon as possible and so that you can decide whether or not you have the right materials in place.

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