Top Five Reasons Trustees are Sued in Court

Hi I'm Elizabeth Talbot and this is Matthew Talbot of the Talbot Law Group in Walnut Creek California and we are a Trust and Probate Law Firm who specializes in trust litigation, or trust lawsuits. So today we are going to talk about trustees who are being sued by beneficiaries or other co trustees and the types of things that beneficiaries are suing trustees over. yes, so today what we are talkinga bout are trust litigation or lawsuits, and particular what happens if you are a trustee the types of things that you might see if someone tries to sue you. We have been handling these types of matters for over thirteen years and I have seen hundreds of these types of cases from every angle. I have a lot of experience dealing with trust lawsuits. So what i tend to see most often with these types of trust litigations: first, something relating to trustee mismanagement such as a trustee taking money, a trustee invested the money poorly, a trustee failed to sell the house or failed to rent the house out for a period of time and then the beneficiary believes they have been damaged. another kind of trust lawsuit occurs where certain assets should be in the trust and the trustee is not taking actions to bring those assets into the trust. so, for example there might be an allegation that a house should have been placed in the trust, and maybe the house is in the trustees name instead. so a beneficiary might sue the trustee to bring the house in to the trust. another type of common trust lawsuit might related to the trust accounting. for example, if there is concern that the trustee's accounting - the accounting being a detailed account of how trust assets were managed and how they were managed in a specific form for the court to review- if beneficiaries or co trustees feel that the accounting was not appropriately done then there may be a lawsuit or litigation over that. Litigations over trust accountings tend to be very technical and it is very important that you get an experienced trust litigation attorney to assist. Another example of a more common type of trust lawsuit is when a trustee has failed to act, or the trustee is not communicating with beneficiaries. Another issue that arises is the invalidation of a trust. what i mean by that is an allegation by a beneficiary that the trustee pressured the elder or settlor of the trust that gives the trustee a larger percentage than beneficiaries believe the trustee should have. then people will sue to try to invalidate that trust or the amendment. So those are five of the most common issues we see in trust litigation: trustee mismanagement, failure of a trustee to act, invalidation of a trust or amendments, assets held outside the trust that should be in the trust, and problems with the trust accounting or lack of accounting. if you are dealing with a trust lawsuit or are a trustee and someone has sued you, it is very important to get an experienced trust attorney to defend you. you need to know your rights and you need to prepare to avoid disasterous legal results.

Видео Top Five Reasons Trustees are Sued in Court канала Talbot Law Group, P.C.