Trust Litigation Attorneys For South Dakota Individual And Family Trustees
You probably accepted the role of trustee out of love. Now, you face the stress of a grieving family and the pressure of managing trust assets. Personal relationships can fray quickly when money is involved. If you feel overwhelmed or under attack, we are here to help.
Reiter Law Firm represents individual trustees throughout Sioux Falls and across South Dakota. Our founding partner, Pamela Reiter, holds a Band 1 ranking from Chambers USA. Our team includes former federal law clerks who understand high-stakes litigation. With us, you receive the sophisticated capability of a large firm with the personal touch of a boutique practice.
Defending The Family Fiduciary
Many of our clients are accidental fiduciaries. You did not ask for a career in finance. You simply wanted to honor a loved one’s wishes. Unfortunately, hostile beneficiaries may accuse you of mismanagement.
Our trust litigation lawyers act as your shield against allegations of breach of duty or undue influence. We separate family drama from liability. We focus on resolving inheritance litigation quickly and cost-effectively. Our goal is to close the administration properly so you can move on with your life.
Protecting You From Personal Liability And Surcharges
A trust dispute can place more than trust assets at risk. If a beneficiary claims that your actions harmed the trust, that person may ask the court to hold you personally responsible. A surcharge claim can then threaten your own money and property, which can make an already difficult family dispute even more serious.
Beneficiaries may base these claims on disputed distributions, investment decisions, poor records or alleged conflicts of interest. Even so, an accusation does not prove that you violated your duties. The court must consider what you did, why you did it and whether your actions followed the trust terms and your legal obligations.
Reiter Law Firm helps you build that record. We review the trust terms, accountings, financial records and key decisions that led to the dispute. We then use those facts to explain your actions, challenge unsupported allegations and give the court the full context. If a beneficiary seeks a surcharge, we defend your conduct and work to protect your personal assets from an unjust claim.
Defending Against Trustee Removal Petitions
A beneficiary may also ask the court to remove you as trustee. That request can feel personal because your loved one chose you to carry out the trust. Still, family conflict alone does not always justify removal, so the court must examine the facts and the legal grounds behind the request.
South Dakota law identifies several grounds that may support trustee removal. Those grounds can include a serious breach of trust, major problems between cotrustees or a trustee who cannot or will not manage the trust properly. The court may also consider other circumstances allowed by law before deciding whether removal serves the trust and its beneficiaries.
When a beneficiary files a removal petition, Reiter Law Firm examines the allegations and the evidence behind them. We compare those claims with the trust terms, your records and the steps you took during administration. That review helps us explain your decisions, challenge weak claims and show why the facts may support your continued service.
If the evidence supports you, we argue for you to remain in the role your loved one gave you. Our goal is to protect your position while keeping the dispute focused on the trust terms, the evidence and your duties as trustee.
Services We Do Not Provide
Our practice is focused exclusively on trust litigation and dispute resolution. We do not handle the following matters:
- Draft wills
- Create estate plans
- Represent institutional trust companies
By focusing exclusively on litigation, we remain dedicated to achieving the best possible outcomes in court.
The Individual Trustee’s Ally
Unlike large banks, family trustees do not have an in-house legal department. You are often operating alone. We fill that gap. We offer tailored advice that considers the unique dynamics of sibling or parental disputes. Whether your dispute is local to Sioux Falls or involves assets across South Dakota, we provide the high-level representation you deserve.
Can A Trustee Represent Themselves In Trust Litigation?
No. In South Dakota, a trustee cannot represent the interests of the trust without a licensed attorney. Attempting to handle a lawsuit alone can lead to personal liability.
How Can A Trust Litigation Attorney Help?
A litigation lawyer protects you from personal financial loss. We gather evidence to prove you met your obligations and manage all communications with hostile parties to reduce your stress.
What Are Common Trustee Mistakes?
The most common errors include failing to provide regular accountings or commingling funds. We help you correct these issues before they become permanent legal problems.
Schedule A Consultation With A Trust Lawyer
If you are a trustee facing a dispute or accusations of misconduct, Reiter Law Firm is here to defend your interests. Call us at 605-800-8825 or complete the form below.