Providing Essential Legal Services For Trust Disputes
Navigating the turbulent waters of trust litigation can be emotionally charged and complex. 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 injustice. Our dedicated team approaches every case with sensitivity and a deep commitment to securing your rights and interests. With a focus on trust law, 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 through. Reach out to us today for compassionate assistance in preserving your family’s legacy and securing the justice you deserve.
Fontenot Law, P.C. of Bountiful, UT, has extensive experience handling trust litigation issues and would be honored to assist you. Contact our law office and schedule a free initial consultation to discuss your case.
What is Trust Litigation?
Trust litigation occurs when there is a legal dispute regarding a trust. The trust dispute may involve anyone associated with the trust, such as trustees, beneficiaries, or both parties. However, one of the most common trust litigation issues usually centers around beneficiaries contesting the trustee’s decisions.
Under Utah state law, trustees are legally obligated to conduct themselves fairly and faithfully in their assigned role. However, family members and other beneficiaries often raise concerns about their perceived mismanagement of a trust.
A trust litigation claim may be the result of a trustee failing to live up to their duties, including:
- Making improper allocations 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, you should hire a knowledgeable trust litigation attorney who can thoroughly review the terms of the trust and all financial records to determine if misconduct has occurred.
Fontenot Law, P.C. has well-qualified attorneys and legal staff who can evaluate the case and determine if wrongdoing has occurred.
What Common Reasons a Trust Can Be Contested?
Individuals who have an interest in an irrevocable or revocable trust may have many reasons why they feel a trust should be contested. However, Utah law has specific grounds that relate to trust disputes. Some of the legal grounds that may be used in a trust contest include:
- Undue influence: It is alleged that the trustor, the person who created the trust, was influenced so that they were coerced into making significant changes to the terms of the trust.
- Elder abuse: The trustor was subjected to physical, financial, or psychological abuse to force them to amend the terms of the trust or create a new trust.
- 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 and without their consent.
- Fraud: The trustor was manipulated into amending or executing the trust.
- Self-dealing: The trustee takes advantage of 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. Some examples of who can contest a trust include:
- Family member
If you still need clarification about 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?
For the purposes of this discussion, testamentary expectancy is when an individual expects to benefit or receive an inheritance from a trust. Tortious interference is considered a “tort,” which is a civil wrong that is perpetrated against an individual or an entity.
Tortious interference with testamentary expectancy is a tort that occurs when another 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. Several factors must be present to prove tortious interference. One of the most significant factors involves proving that the trustor intended to leave a portion of their estate to the beneficiary. Furthermore, there must be strong evidence that the trustor would have made provisions for the beneficiary. Still, due to wrongdoing on the part of the individual accused of tortious interference, the terms of the trust were amended. You should always discuss your concerns with a qualified legal professional like those of Fontenot Law, P.C., who have the experience to 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 Bountiful, 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 client results.
Overseeing a trust can be daunting, and if beneficiaries are unhappy with how they feel the trust is being managed, they often want to pursue 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.