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Articles about Estate Litigation
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.
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.
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.
Beneficiaries of trusts may be concerned when a trustee delays selling an asset that should be sold. It is important to act quickly to prevent further harm.