What to do if the Trustee (my brother) is harassing me (a beneficiary This means that they can take legal action against a beneficiary if it comes to light that the beneficiary may have engaged in misconduct that harmed the estate. Property belonging to the trust was stolen by a family member of the decedent. Who Pays Legal Fees in a Trust Dispute? It's quite common for an executor to be a beneficiary. The timeframe for suing a trustee varies depending on the jurisdiction and the specific claims being made. . Home How Trustees Can Protect Themselves from Lawsuits. Or perhaps the trustee didnt reinvest dividends as instructed by the trust. Trust beneficiaries may bring a claim against a trustee so long as they have a valid reason. If you're in this position, don't be sloppy just because everything's in the family. Unhappy beneficiaries can get their own attorneys to help them advocate for them in the trust administration processthough if you keep them informed and engaged, they shouldn't need to. A trustee does have a fiduciary duty to the trust beneficiaries. Filing the lawsuit can be done in the local court where the trust is located. The best way to relieve beneficiaries' concerns is to: You are required (by law) to keep beneficiaries reasonably informed about how trust assets are being managed. The trustee has a duty to serve ALL beneficiaries equally and you staying there is an advantage over the others. if you pay yourself compensation, be prepared to justify what you've charged and what services you provided to the trust. During administration, you will be dealing either mostly or exclusively with the trustee, so you should familiarize yourself with the ways in which trustees can breach their duties. Do All Estates Have To Go Through Probate in Florida? The information provided on our website and in our videos are for general informational purposes only and does not, and is not intended to, constitute legal advice. Copyright 2023 Hess-Verdon, PLC. Chances of Successfully Contesting a Trust Becoming Familiar with the Legal Process If you believe a trust has been created incorrectly or its terms are unfair, you can contest it. The Ultimate Guide to Trustee Malfeasance | RMO Lawyers Well also mail a copy of your demand letter to the trustee you are suing! The simple answer is that you should contact a trust litigation attorney the moment something about a trustee, their decision-making, or their accounting just doesnt feel right. You are entitled to an accounting of the trust and the . A person with an interest in the estate is trying to cancel a gift the decedent gave to the trustee. Yes, a trustee can override a beneficiary if the beneficiary requests something that is not permitted under the law or by the terms of the trust. California Trust and Will Trial Attorneys. Trustees are required to distribute to trust beneficiaries the inheritances they were left once the trust is settled. Before filing a lawsuit, the beneficiary should gather evidence to support their claims against the trustee. If you are only one of the beneficiaries, and the trust does not SPECIFICALLY say you can stay there, then yes the trustee can evict you. Our experienced probate attorneys assist. The trustee wants to evict the beneficiary but the beneficiary does not want to sell the house. But it also means you should not put one beneficiary above others, and you should never do anything that conflicts with the trust document.

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