Barnes_hero_family_trust_litigation.jpg

Trust Litigation

Holding trustees responsible for fiduciary duties

 
 

Trust Litigation

Trust litigation occurs typically when a beneficiary or multiple beneficiaries believe that a trustee failed to properly manage a trust according to the trustee’s fiduciary duty. There are 6 areas of responsibility for a fiduciary or Trustee:

  • Duty of Care

  • Duty of Loyalty

  • Duty of Good Faith

  • Duty of Confidentiality

  • Duty of Prudence

  • Duty of Disclosure

 

Breach of Duty

A breach of fiduciary duty can result in loss of trust or potentially a significant loss in monetary value for beneficiaries. Trust litigation may be the only means for resolution, especially in situations where a trustee is perceived to:

  • Fail to comply with the terms of the trust

  • Self deal or pursue the best interests of the trustee instead of the beneficiary

  • Mismanage or neglect duties

  • Act with hostility towards beneficiaries

Any of the above reasons will represent good cause for litigation, and suing a trustee for breach can help beneficiaries achieve the following goals:

  • Removal a trustee

  • Replacement a trustee

  • Reorganization of distribution or arrange proper distribution from a trust

  • Termination of a trust

  • Recovering civil penalties in the case of fraud or severe mismanagement

To learn more about your rights as a beneficiary and what you can achieve by suing a trustee of a trust, contact the attorney’s of Barnes Law today, 213-330-3341.

 

FACT:

Barnes Law obtained the BIGGEST JUDGEMENT in history against a Trustee for breach of his duties to the beneficiary, obtaining a $200 million judgement against a sophisticated lawyer trustee backed by big banks and big law firms.