Trust litigation is a lawsuit that is filed by a beneficiary against the trustee or vice versa. A beneficiary is an individual who is entitled to receive properties from a trust. A trustee is someone who is named as the person to be in charge of a trust estate on behalf of a settlor. By doing this, the settlor gives the trustee legal power to act on behalf of the trust estate.
A litigation lawsuit serves the purpose of obtaining a beneficiary’s inheritance as Lawyer Fights For You explains in their video, “What is Trust Litigation?” A trust beneficiary can begin a litigation and seek the services of a trust litigation attorney, for the following reasons:
1. They to compel the trustee to provide copies of documents related to the trust estate.
2. They want to get financial information from the trustee regarding the trust estate.
3. They want to reclaim properties that are legally tied to the trust estate.
4. They want to suspend a trustee’s power over a trust estate.
The purpose of creating trust is usually to avoid probate. In case of the death of a settlor, the assets in their trust get administered and distributed according to the stipulations listed in the trust.
