Trust Lawyer Danbury, CT
When a trust is written, the goal is usually to put the trustor and family members at-ease in regards to the future. A trustor may write in his or her trust the names of those who will inherit designated assets. These people who are to receive a portion of the trustor’s assets are referred to as beneficiaries. An attorney can help you take legal action if you feel your deceased loved one’s wishes are not being carried out as desired. Your lawyer can understand how emotional it may be to find out that your loved one’s legacy is being mishandled by another party, and can help you set things right by contesting the trust in court.
Here in the article below, we have summarized the main reasons why a beneficiary may file a lawsuit in regards to a trust.
Why a Beneficiary May File a Lawsuit
Despite a trust being written with the best of intentions, sometimes a disgruntled relative or other error regarding the trust may arise. If the successor trustee mishandles the trust in any way, the beneficiaries could be at risk for losing their inheritance. As an attorney understands well, these are the primary reasons why trust litigation may occur:
- Breach of Trust = the successor trustee has not upheld his or her duty in acting with the best of interest for beneficiaries, so this trustee may then be held liable for damages. The successor trustee is supposed to safeguard the trustor’s assets and always act in the interest of others and not oneself. Beneficiaries may file a case against the successor trustee for being negligent or intentionally using the trust assets for personal gain. Additionally, a beneficiary could sue the successor trustee for showing favoritism to other beneficiaries.
- Property Reclamation = A successor trustee may have kept certain property for themselves, or distributed it incorrectly to someone else. A beneficiary that did not receive his or her rightful property may attempt to reclaim through a lawsuit.
- Failure to Provide Accounting Details = the successor trustee has the responsibility to share information regarding accounting decisions to beneficiaries whenever requested. The trustee has to provide a yearly account of the dealings related to this trust and send it to the beneficiaries. If either of these duties are not upheld, a beneficiary can file a lawsuit.
- Contesting Trust Instructions = a beneficiary may contest what is written in a trust if the trustor who wrote it was not of mental capacity or was manipulated by another person during the process. For example, elderly are particularly vulnerable to being coerced by others to writing certain things in the trust that benefit the influencer. A beneficiary may contest that he or she believes the trust instructions do not accurately reflect what the trustor would have wanted.
Consider scheduling an appointment with a trust lawyer Danbury, CT relies on at Sweeney Legal to evaluate your situation and help you decide if filing a contest regarding your loved one’s trust is the best decision. Do not wait!