Trust Litigation Attorneys in Davis County

PROVIDING ESSENTIAL LEGAL SERVICES FOR TRUST DISPUTES

Navigating the turbulent waters of trust litigation can be an emotionally charged and complex task. At Fontenot Law, P.C., we understand that disputes over trusts aren’t just about assets, they’re about honoring the intentions of loved ones and protecting the legacies they’ve left behind. Such conflicts can strain family relationships and bring about a sense of uncertainty and mistrust, and it is for that reason that our attorneys approach every case with sensitivity and an ironclad commitment to securing your rights and interests. Our team is passionate about trust law, and we strive to bring clarity, resolution, and peace of mind to our clients during these challenging times. Whether you’re contesting the terms of a trust, facing accusations of breach of fiduciary duty, or grappling with any other trust-related disputes, Fontenot Law, P.C. is here to guide you throughout the process.

Fontenot Law, P.C., of Woods Cross, UT, has extensive experience handling trust litigation issues and would be honored to assist you. For compassionate assistance in preserving your family’s legacy and securing the justice you deserve, contact our law office and schedule a free initial consultation to discuss your case.

WHAT IS TRUST LITIGATION?

Trust litigation is the settling of a trust-related dispute through legal action. The dispute may involve anyone associated with the trust, be they trustees, beneficiaries, or both. Among the most common of trust litigation issues are those in which a beneficiary contests the decisions of the trustee.

In the state of Utah, trustees are legally obligated to conduct themselves fairly and faithfully in their assigned role. Despite this, it is not uncommon for beneficiaries to raise concerns about perceived mismanagement of a trust.

A trust litigation claim may result from many potential forms of impropriety on the part of a trustee, including:

• Improper allocation of trust assets to beneficiaries
• Mismanagement of trust assets
• Failure to enforce the provisions as outlined in the trust document

If you have reason to believe that a trust is being mismanaged, do not hesitate to hire a knowledgeable trust litigation attorney. Fontenot Law, P.C. has well-qualified attorneys and legal staff who can thoroughly review the terms of the trust and all relevant financial records to determine whether any misconduct has occurred, and what legal avenues are available to you.

WHAT ARE SOME COMMON REASONS A TRUST CAN BE CONTESTED?

There are many reasons why an interested party might feel a trust should be contested. Some situations with firm legal basis for the contestation of a trust, according to Utah law, are listed below.

• Undue influence: The trustor (the creator of the trust) was coerced into amending the trust or creating a new trust. This coercion can include physical, financial, or psychological abuse, and is often perpetrated on the elderly.
• Lack of capacity: The trustor lacked the necessary mental capacity when executing the trust.
• Forgery: The trust documents were signed by someone other than the trustor, without their consent.
• Fraud: The trustor was deceived into amending or executing the trust.
• Self-dealing: The trustee is found to have exploited their position to benefit themselves rather than act in the best interest of the beneficiaries.

A trust contest can be brought about by anyone who is associated with or who may benefit from the trust, such as:

• Fiduciaries
• Beneficiaries
• Family members

If you need further clarification regarding the legal grounds necessary to contest a trust, contact our law office and ask to schedule a meeting with a knowledgeable trust litigation lawyer who can answer your questions.

WHAT IS TORTIOUS INTERFERENCE?

Testamentary expectancy is the condition of expecting to benefit from or receive an inheritance from a trust. Tortious interference with testamentary expectancy occurs when a person is deprived of some or all of their inheritance as a result of a third party’s actions. If you believe that you are the victim of tortious interference, you must speak with an estate litigator who can explain the legal process involved with challenging a trust. To successfully contest the trust, you must prove that the trustor intended to leave you a portion of their estate, as well as prove that the terms of the trust were amended due to wrongdoing on the part of the individual accused of tortious interference. You should always discuss your concerns with a qualified legal professional like those of Fontenot Law, P.C., who have the experience necessary to accurately evaluate your case.

CAN I COUNT ON FONTENOT LAW, P.C. TO OBTAIN FAVORABLE RESULTS FOR MY TRUST DISPUTE?

Fontenot Law, P.C. is passionately committed to helping citizens of Davis County, UT, and the surrounding areas with trust litigation issues. Whether you are a beneficiary or a trustee, our legal team has the experience and knowledge it takes to obtain favorable results for our clients.

Overseeing a trust can be daunting, and it is common for dissatisfied beneficiaries to desire litigation. Regardless of where you stand on a trust litigation issue, you should hire an experienced lawyer who can ensure your legal rights are protected.

Fontenot Law, P.C. has a proven record of helping clients successfully resolve trust litigation issues. Contact our law office at 801-448-0156 and book a free, no-obligation consultation to discuss your case.