Trust A Determined Litigator Who Handles Trust Conflicts
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. Jason M. Tani, Esq., helps clients throughout Hawaii seek favorable resolutions to trust disputes.
Helpful Terms You Should Know
There 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.
It is important to note that disappointment is not a valid reason for an heir to challenge a trust. All challenges must be supported by reliable evidence. At Jason M. Tani, Esq., I advise clients on the validity of trust challenges and help them resolve issues.
Breach Of Fiduciary Duty Claims: What Are They?
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.
Call Today To Learn More
Conflicts among beneficiaries and fiduciaries can be damaging if they are not managed by experienced and knowledgeable legal counsel. Jason M. Tani, Esq., in Honolulu provides capable trust litigation to clients throughout Hawaii. Call 808-868-5211 or contact me online to schedule a free consultation.