A revocable living trust is not a will and a will is not a trust
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During the administration of a trust, a trustee owes a duty of loyalty. A breach of the duty of loyalty could lead to trust litigation.
With trust or estate litigation, it is important to understand how the assets in question are titled. The titling of the asset impacts the lawsuit filed.
Administering an estate is more complex when a spouse is omitted from the will. The spouse may be entitled to a share of the estate under certain circumstances.
If your spouse was omitted from a trust, you may want to pursue legal action. It is important to carefully consider all ramifications before doing so.
If you suspect a trustee is mismanaging trust assets, you have several options. Consider petitioning the court for an accounting to assess what has happened.
The last step of preparing a petition involving a trust lawsuit is to include your requested prayers. These statements are where you ask for specific damages.
Interested parties who suspect that a trust is inaccurate due to a mistake or fraud have options. One option is pursue a trust reformation by the court.