Trust Litigation

A trust is an entity that can own property and separate title to the asset from the benefit of owning it. For example, assets can be transferred into trust, with an appointed trustee responsible for managing those assets for the benefit of others. Depending on the terms of the trust, the trustee pays distributions to beneficiaries during their lifetimes, and makes final distribution of the trust assets upon death of one of the beneficiaries.

Many different kinds of trusts can be contested. A trust may be challenged in its construction or in its administration. The dedicated and experienced attorneys at Schulman Law, PLLC provide diligent representation in all litigation matters involving trusts.

A trust can be challenged on multiple grounds. The person challenging the creation of a trust will have to prove one of the following:

The person who created the trust did not possess the requisite mental capacity when the trust was drafted.

The person who created the trust was unduly influenced by someone who would benefit from the trust.

The trust is invalid because it was improperly executed. In other words, the trust was not signed and witnessed according to the strict formalities required for it to be valid and binding.

The trust is a forgery. Trusts that are not written by a lawyer, although possibly valid, are at particular risk for charges of forgery.

If the challenge is successful, the trust will be invalidated.

Trust litigation can also arise when a beneficiary of the trust disputes the trustee’s actions with regard to management of the trust. Some examples of this are the following scenerios:

The trustee has breached his or her fiduciary duty through negligent administration or self-dealing.

The trustee has abused the discretion granted by the trust in failing to distribute the principal or refusing to make specific payouts.

Schulman Law, PLLC works swiftly, knowledgeably and thoroughly to find a pragmatic solution to legal challenges relating to the creation, administration or termination of a trust.