Determined Hawaii Litigator Handles Trust Conflicts
Skilled lawyer represents clients in the Honolulu area during inheritance disputesTrusts are often established with the goal of providing beneficiaries with financial security and stability. When questions arise about the validity or management of a trust, the opposite may result. Jason M. Tani, Esq. represents grantors, trustees and beneficiaries who want to ensure that assets are distributed as they should be. If you suspect that a trust is being mismanaged, you have a right to raise your issue and seek remedy. Similarly, trustees are entitled to vigorously defend themselves against accusations of incompetence or unlawful conduct. I help clients in the Honolulu area and throughout Hawaii to seek favorable resolutions to trust disputes.
Experienced attorney advises clients on trust challengesThere are several bases for contesting the terms of a trust. If you wish to make a challenge, or if one has been brought against you, it is important to understand the legal foundations of your case. Reasons for disputing the validity of a trust include:
- Lack of capacity — This ground alleges that the person who created the trust was not of sound mind at the time it was created.
- Undue influence — Trust documents might be invalid if a person with access to and power over the grantor (the creator of the trust) used emotional manipulation to gain special consideration in the estate plan.
- Fraud — This ground alleges the grantor was deceived about the terms of the trust at the time that documents were drawn up, or that his or her signature was forged.
- Ambiguity — If the language included in trust documents can be interpreted in more than one way, a beneficiary may ask a court to determine the interpretation that should be enforced. A challenger can seek to prevent all or part of the trust from being implemented.
Accomplished counselor handles breach of fiduciary duty claims
All trustees are fiduciaries, which means they have a duty to manage the assets of the trust according to the grantor’s wishes and for the benefit of the beneficiaries. Fiduciaries must act in total accordance with the terms of the trust so that assets are not lost due to waste, fraud, misallocation or mismanagement.
Beneficiaries may challenge alleged misconduct and demand a full account of a fiduciary’s actions. My practice at Jason M. Tani, Esq. includes experience on both sides of trust conflicts. I have associations with forensic accountants who can render accurate assessments of asset management and help assemble evidence to prove or refute allegations.