If there is a problem with a trust that you are an interested party to, you have several options. Trust reformations or modifications are two possibilities.
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When filing a petition to initiate a lawsuit involving a trust, you must state your claims. You do not need to prove these claims are true at this stage.
In order to bring a claim to gain access to the assets of a trust, a creditor must sue the correct party. That party is the trustee, not the trust itself.
When assets are held in trust to avoid a creditor, it may deemed fraudulent under certain circumstances. This may include when the debtor was found insolvent.
Assets held in a revocable living trust are generally not protected by creditors. There are many reasons why this is the case.
When a trustee mismanages assets or refuses to comply with trust terms, beneficiaries have several options. Consider asking the court to remove the trustee.
Theft is a common reason for trust and probate litigation. Learn more about the surprisingly large group of people may be potentially responsible.
If you have questions during a trust administration, you can involve the court. The court can assist with certain interpretations of trust provisions.