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.
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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.
If you have questions during a trust administration, you can involve the court. The court can assist with certain interpretations of trust provisions.
Durable powers of attorney can sometimes be abused and lead to theft or waste of the principal’s assets. If your loved one is a victim, an attorney can help.
Disputes sometimes arise during the administration of an estate. When they do, consider mediation as a means for reaching a resolution.