Our Expertise at Work
We understand that managing a trust can be complex, given the numerous legal obligations and responsibilities involved. It’s not uncommon for beneficiaries to feel apprehensive about potential misconduct by the trustee or uncertain about their own entitlements.
Having a well-crafted and adequately funded trust can provide your loved ones with the opportunity to bypass probate and maintain the privacy of your family matters.
It’s possible for disagreements to arise between beneficiaries and trustees during the administration of a trust. If you find yourself in such a situation, it’s essential to seek the guidance of experienced and trustworthy legal representation to navigate through this process effectively. At Skinner Law Group, our law firm handles simple and complex trust administration matters. We follow essential steps to minimize potential liability for the Trustee, and our attorneys are here to guide you through the entire process.
A Trust Admistration Attorney
Ensures the grantor's wishes are followed, as they are legally binding.
Minimizes disputes among beneficiaries by handling fair asset distribution.
Is valuable for complex family dynamics, often requiring a trust administration attorney.
Eliminates the need for probate court and simplifies the distribution process.
Provides legal protection and ensures compliance with state and federal laws.
Preserves privacy by keeping the distribution process confidential.
Trust Administration Questions Answered
How do I know if a trustee is acting improperly?
Under normal circumstances, a trust’s management and administration are not supervised by the court. If beneficiaries believe that their rights are not being protected or the wishes of the deceased are not being honored, they have the responsibility to take legal action to enforce the alleged breach of the trustee’s fiduciary duty and the terms of the trust.
How can your trust Administration attorneys assist me?
Our trust litigation attorneys in Meza, AZ can assist you in cases where the trustee has mixed personal finances with the trust account, has a conflict of interest that goes against the deceased’s wishes, uses the trust as a personal bank account, fails to stop breaches of the trust terms, or fails to communicate with beneficiaries regarding the trust’s progress.
Do no-contest clauses apply to disputes involving a trustee’s actions?
No-contest clauses in a trust do not apply to disputes regarding a trustee’s actions or beneficiaries’ questions about the trust’s administration. These clauses are designed to discourage challenges to the trust’s terms and may impose sanctions on beneficiaries who contest them.
What are the rights of current and remainder beneficiaries?
Current beneficiaries have the right to trust distributions as outlined in the trust document. Both current and remainder beneficiaries are entitled to receive enough information about the trust and its administration to understand and enforce their rights. Current beneficiaries also have the right to receive an accounting of the trust, while both current and remainder beneficiaries can petition the court to remove a trustee if their actions are not in the best interests of the beneficiaries or the deceased’s wishes.
Can a trustee withhold money from a beneficiary?
In general, a trustee cannot withhold money from a beneficiary unless there is a justified reason to do so. If a beneficiary believes that the trustee is unjustly withholding money, it is advisable to consult with a trust administration attorney who can assess the terms of the trust and the trustee’s exercise of discretion.
Can a trustee remove a beneficiary from a trust?
Generally, a trustee does not have the legal authority to remove a beneficiary from a trust. However, if the grantor granted the trustee “power of appointment,” the trustee may have the ability to change the terms of the trust, including removing beneficiaries. Power of appointment is typically given to a surviving spouse in cases where the trust was created by a grantor and their partner.
Do I need legal assistance for trust-related matters?
If you are involved in a dispute concerning a trustee’s actions, the trust document, or need to defend a trustee, our trust administration attorneys at Skinner Law Group can provide the necessary legal assistance. We understand the complexity and emotional nature of these cases and aim to help clients understand their rights and obligations while finding compassionate solutions. Contact us online today to request an initial consultation.
Let us help you navigate the complex legal system!