Trust Litigation

Farhat Law Firm has attorneys with experience in all types of trust litigation, and can represent you in any lawsuit that alleges misuse or mishandling of trust assets.

Litigation of a trust can be brought for reasons similar to contesting a will, where one with an interest believes there is some impropriety or mismanagement.

lawyers for litigation of a trust in Riverside County

Most trust litigation will arise where a beneficiary challenges the actions of the trustee managing the trust, or even the terms of the trust. Since a trust naturally includes a third party fiduciary as the trustee, then claims are usually brought against them.

What Are The Most Common Types Of Trust Litigation?

The actions available most often surround how the trustee administers a trust. Claims of this type can include:

  • Trust accounting and finances
  • Failure of the trustee to fulfill their fiduciary duty
  • Misappropriation or mismanagement of trust assets
  • Actions to reform or change the trust for some reason.

Trust litigation can arise in many areas, and not just in personal or family trusts. Trusts can name charities as beneficiaries who could have an interest in management of funds, and trusts also can be used in business or corporate settings. However, most claims are brought where the beneficiary of a trust formed as part of an estate is unhappy with the arrangement or wants to challenge the trustee's actions.

Trusts also can be contested similarly to a will and for the same reasons, such as:

  • Undue influence in the creation of the trust provisions
  • Lack of capacity to form a trust
  • Misrepresentation or fraud that makes the trust based on incorrect facts or assumptions
  • Lack of execution of the trust in signing, witnessing or other legal requirements.

The use of trusts has become more popular in recent years due to their flexibility and tax advantages, but they are still the legal instrument for distribution of an estate and must meet requirements for validity. The purpose of trust litigation is to ensure that the intentions of the trust grantor are being carried out specifically, without any mistakes or mishandling.

Contact A Knowledgeable Lawyer For Assistance

If you have concerns about the administration or management of a trust, please contact Farhat Law Firm, in Corona, California, at 800-391-9168 for a consultation.