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 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, 213-318-0234.

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.

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