Trust litigation generally results from problems with the wording of the trust or an allegation that a trustee has breached his or her duties.
What is a trust? Generally, a trust is a legally enforceable contract between a settlor or grantor (the person who creates the trust) the trustee (the person(s) or entity that carries out the instructions of the settlor or grantor) and the person who received the benefits of the trust (the beneficiary – the settlor can also be a beneficiary, but the settlor cannot be the sole beneficiary). A trust agreement is a written agreement that lists purposes of the trust, the powers and duties of the trustee and the circumstances that must be met in order to distribute assets from the trust.
Litigation concerning trust issues generally involves whether a trust instrument is valid. For example, a trust can be set aside because it was procured by fraud, undue influence or mistake of the settlor. Other litigation issues related to whether the trustee has acted properly under the trust instrument such has collecting all assets, properly investing assets or following the terms of the trust agreement. Attorney Matthew A. Linde, Esq., has many years of experience litigating various trust issues and is pleased to assist you. For additional information, contact Cody & Linde, PLLC today!