Beneficiaries of a trust will want to make sure it’s being administered properly and cared for while it is in place to prevent missing or mismanaged funds and other potential issues. If they want to make sure everything is being done properly or they suspect there are any issues with the trust, the beneficiary may want to speak with a trust litigation lawyer. The lawyer can help with all of the following and more.
Ensure Trust is Administered Properly
One of the biggest ways a lawyer can help is by holding trustees accountable and making sure the trust is being administered according to the terms of the trust. They can check to make sure the assets are being distributed according to the terms of the trust, that it meets legal guidelines, and that the trustee is providing the required accounting and disclosures to the beneficiary. If any of these aren’t being done, there are steps the lawyer can take to force compliance.
Investigate Mismanagement or Misconduct
A trustee has to do their fiduciary duty when in charge of a trust. If they do not, it can be considered mismanagement or misconduct. A lawyer can help if the trustee is misusing funds, not disclosing information, or acting in their own self-interest instead of for the benefit of the trust. They can also help if the trustee made bad investments with the trust’s assets, refuses to disperse assets according to the rules of the trust, and more.
Defend Against Unequal Treatment
All beneficiaries named in the trust should be treated equally according to the terms of the trust. If it seems like one of the trustees is being provided more than their fair share according to the documents, the lawyer can look into how assets are being distributed. This includes looking for unequal or unauthorized distributions, hidden amendments, or withholding of information.
Challenges the Trust Documents
There may be a concern that the trust documents are not valid or that they have been changed illegally. A lawyer can look into whether there was undue influence when the trust was created or if the person who created it lacked the mental capacity to do so. On top of this, the lawyer can look at the documents to determine if there is any evidence of forgery, which could make the trust documents invalid.
Provide Legal Guidance for Beneficiaries
Beneficiaries don’t have to wait until something is wrong to talk to a lawyer. They can get help understanding their legal rights and how the trust should work, so they know more about it and how to spot issues. If they do think there are any concerns, the lawyer can help explain the terms of the trust as well as their rights and what may be possible to do to uphold those rights.
If you’re the beneficiary of a trust, you have the right to make sure it’s being cared for properly. If you’ve noticed any issues with the trust or you have any concerns that it’s not being handled properly, it is important to speak with a lawyer right away. They can help inform you of your rights, look into what is happening with your case, and take legal action on your behalf if needed. Schedule a consultation now to learn more.
