Individuals with assets frequently establish trusts in addition to or in place of a will. A trust is a document created for an individual or entity, known as a trustee, to manage the trustor’s property.
Trusts can be created while the trust creator (also known as the trustor) is alive, known as an irrevocable or living trust. A revocable trust can also be established as a substitute for a will outlining how assets should be distributed when the trustor dies. Similar to a will, the validity of a trust may be contested.
Trust litigation is commenced by a lawsuit filed by either a fiduciary, beneficiary, or other interested party concerning the administration of a revocable or irrevocable trust in the district court. While trust litigation is similar to civil litigation, there are crucial differences that must be observed to properly litigate a case involving a trust.
The attorneys at Mountain View Law Group are dedicated trust litigation attorneys, possessing the skills and experience necessary to understand complex trust cases and present clients’ positions to the court. Our significant experience in this area includes litigating on behalf of both large and small trust beneficiaries, as well as defending trust fiduciaries. We represent beneficiaries in a variety of trust related actions, including:
- Trust contests;
- Beneficiary claims;
- Accounting of trust finances;
- Breach of a fiduciary duty;
- Failure of trustee to provide trust documents, accounting and/or inventory in a timely manner;
- Trust misappropriation and mismanagement;
- Allegations of fraud, duress, undue influence, coercion, lack of capacity, proper trust formation, and diverting from the trustor’s intent.
We also represent Trustees, helping them to:
- Administer the trust, pursuant to its terms;
- Prepare an appropriate accounting and inventory;
- Provide required information and/or documents to the beneficiaries;
- Appropriately distribute the assets of the trust; and
- Defend the trust against claims by beneficiaries or creditors.
Our law firm’s attorneys represent interested parties in many different actions related to trust litigation. We also represent individual and corporate trustees in complex trust-related disputes, including matters involving accounting and claims of trust mismanagement, and breach of fiduciary duty.