Resolving Trust Disputes Through Litigation: Protecting Your Legacy
When disputes arise among beneficiaries and fiduciaries or a lawsuit is filed by someone excluded from a trust, having skilled and experienced legal representation is critical to protecting your rights.
At Reiter Law Firm, PLLC, we understand the intricacies of trust law and the sensitive dynamics often involved in family disputes. We provide strategic and compassionate legal counsel to clients to achieve a fair resolution.
Understanding Trust Litigation
Trust litigation encompasses a wide range of legal disputes related to trusts, including:
- Trust contests: Challenges to the validity of a trust, often alleging undue influence, lack of capacity or fraud in its creation.
- Beneficiary disputes: Disagreements among beneficiaries regarding the interpretation of trust terms, the distribution of assets, or the trustee’s actions.
- Breach of fiduciary duty: Claims against a trustee for failing to uphold their legal and ethical obligations, such as self-dealing, conflicts of interest or mismanagement of trust assets.
- Trust modification and termination: Petitions to modify or terminate a trust due to changed circumstances or the wishes of the beneficiaries.
- Accounting disputes: Disagreements over the accuracy or completeness of a trustee’s accounting of trust assets and expenses.
- Failure to provide information: Claims by beneficiaries that they have not received information about the trust, the trust assets, or the trustee’s actions.
Our team of litigation lawyers can give you the support you need during trust disputes.
How We Can Help With Trust Litigation
We guide our clients through every stage of trust litigation, from pre-litigation negotiation and alternative dispute resolution to courtroom proceedings and appeals. Our services include:
- Investigating and gathering evidence: We conduct thorough investigations to gather evidence supporting your claims or defenses.
- Developing legal strategies: We analyze the facts of your case and develop effective legal strategies to achieve your goals.
- Negotiating settlements: We strive to negotiate favorable settlements whenever possible, minimizing the emotional and financial costs of litigation.
- Representing you in court: If a settlement cannot be reached, we provide skilled and experienced representation in court.
Resolving disputes effectively is essential to protect your rights, preserve family relationships, and ensure the trust’s intended purpose is fulfilled.
Questions We Receive Most Often About Trust Litigation
Dealing with trust litigation can come with a lot of confusion. Here are answers to some of the questions we receive most often.
Can a beneficiary sue for breach of trust?
Yes, a beneficiary can sue a trustee for breach of trust if they believe the trustee has violated their fiduciary duties or mismanaged trust assets.
Can a beneficiary sue a trustee in South Dakota?
Yes, South Dakota law allows beneficiaries to take legal action against trustees who breach their fiduciary duties or violate trust terms.
What are the duties of a trustee?
A trustee has several key duties, including loyalty, care, impartiality and accounting. They must act in the best interests of the beneficiaries and manage trust assets responsibly.
What are some common causes of trust disputes?
Trust disputes can arise from various factors, including:
- Ambiguous trust terms: Unclear or ambiguous language in the trust document can lead to disagreements about its interpretation.
- Family conflicts: Personal conflicts or disagreements among family members can spill over into trust administration.
- Trustee misconduct: A trustee’s breach of fiduciary duty or mismanagement of assets can lead to disputes.
- Changes in circumstances: Life events such as divorce, disability or the death of a beneficiary can create unforeseen challenges and disputes.
How can I prevent trust litigation?
While not all trust litigation is preventable, taking proactive steps can reduce the likelihood of disputes, such as:
- Working with an experienced estate planning attorney to create a clear and comprehensive trust document.
- Choosing a trustworthy and competent trustee.
- Communicating openly with beneficiaries about the trust and its terms.
- Regularly reviewing and updating the trust as needed.
These steps can help you avoid the time and expense that often comes with trust disputes.
Seeking Experienced Trust Litigators?
If you need to pursue a trust claim or are facing a trust dispute in Sioux Falls or throughout South Dakota, call us at 605-800-8825 or complete our online form.