Before a loved one passed away, he or she may have created an estate plan that involved the use of a trust. This document may have been set up in order to help surviving family members like you avoid having to go through probate proceedings or in order to ensure that you use the assets left behind in accordance with the decedent’s wishes. Whatever the case, you may have been happy to learn that the individual named you as a beneficiary to a trust.
It may prove important to understand that beneficiaries and trustees differ. A beneficiary receives assets from the trust, but the trustee has the responsibility of distributing assets and adhering to the terms set forth in the trust. However, you may have concerns that the trustee is not conducting the duties correctly or that the terms of the trust are unclear or unlike what you know your loved one wanted.
Legal standing
As a beneficiary of the trust, you should have legal standing to move forward with trust litigation if you feel a significant problem exists. Of course, you may want to review the document closely to determine whether taking such steps is necessary and in your best interests. In order to avoid conflict between beneficiaries, some individuals include clauses in their trusts that state a beneficiary loses bequests in the event that he or she contests the document.
Legal grounds
While you may have legal standing, you also need to ensure that you have legal grounds for contesting the trust. If you suspect that your loved one did not have the proper mental capacity to create a legal document at the time of the trust’s creation, it may give you grounds to file a complaint. Additionally, if you believe that a person unduly influenced your loved one to gain a favorable outcome or helped create the document through fraudulent means, you may also have valid reason to pursue a case.
If you believe that a trustee has not acted within the boundaries of his or her duties, that person may have breached his or her fiduciary duties. This issue could also give cause for trust litigation.
Legal options
Because litigation relating to a deceased person’s estate and administration can prove complicated, you may want to ensure that you fully understand your legal options. Moving forward with litigation may help you honor your loved one’s true wishes. If you wish to do so, you may find it helpful to review the details of your situation with a legal professional.