Trust Litigation

A Connecticut trust litigation lawyer can help a beneficiary or a trustee who has questions about the legal grounds for opening a dispute related to trust litigation. There are many different reasons that a trust litigation case can be started. Most frequently they are brought forward by a beneficiary who believes that an appointed trustee who has the legal responsibility to manage the assets inside the trust has acted inappropriately or even illegally. The rules related to the creation and management of a trust are found in CT Gen Stat § 45a-471.

What Can Cause Trust Litigation in Connecticut?

Sometimes the intention of a person who passed away is no longer clear when it relates to a trust, raising questions among beneficiaries about these intentions and a trustee’s alleged actions or inactions related to it. Disagreements can arise in the distribution of a trust prompting you to hire a Connecticut trust litigation lawyer to represent your interests in court or in settlement talks.

Whether the case will be heard in a Connecticut superior court or the Connecticut probate court, retaining experienced representation is important for ensuring that your rights are protected and that you understand the legal grounds under which you can open a claim.

Understanding Potential Trust Litigation Cases

The trustee of a trust has an important role to play in managing and administering assets based on the terms generated by the trust creator. This means that the trustee owes the beneficiaries certain fiduciary duties of prudence, loyalty and honesty.

Anytime that an agent or a trustee violates these duties, a person signing a power of attorney or a beneficiary could lose property. This makes it extremely important to retain a legal counsel if you believe these actions have been taken. It is a serious matter to allege that someone has inappropriately handled assets inside a trust and gaining evidence of these activities can be difficult. At the same time, beneficiaries have a vested interest in determining that their assets have been appropriately handled and might need the probate courts to hold a trustee accountable for inappropriate activity.

An experienced trust litigation attorney in Connecticut can help trustees and beneficiaries with complex trust issues, such as failure to make timely and proper distributions, inappropriate investments, and inadequate accountings. Another type of dispute that may lead to litigation involves a where there is an allegation that the trust does not represent the true intent of the creator. As a result, a petition may be submitted to court for a trust reformation. A trust reformation is the modifying of a trust agreement to reflect the true wishes of the person who created the trust.

These complex situations can raise conflicts within families and can make things more complicated for those beneficiaries who thought that a streamlined transfer of assets would apply in their case. In these circumstances, the right legal counsel can minimize the long term fall out of these relationships and ensure when representing a trustee that the trustee’s interests are protected.

A trustee who has acted inappropriately also has the same interest in wanting to retain an experienced trust litigation attorney serving Connecticut to protect their interests. Concerns over conflict of interest, breach of fiduciary duty, replacement of the trustee, assessment of a surcharge due to damages done to the trust and misappropriation of trust assets are all complicated matters that can escalate quickly. Trust beneficiaries rely on the competency and honesty of the trustee to enjoy the full benefit of their rights to asset inside the trust. When a trustee’s performance falls short of what is legally expected of the trustee, beneficiaries can bring claims in probate court to recover this compensation. Make sure that you retain representation who has an extensive background in handling these types of cases in Connecticut Probate or Connecticut Superior Court.