Keeping Good Communication and Avoiding Litigation During Probate

Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

Like many things in life, communication is often at the root of a dispute during a trust administration. Trustees who do not communicate well with the beneficiaries may encounter difficulties. Beneficiaries may become suspicious, and are more likely to dispute things like inventories and expenditures when they feel that they are being kept in the dark. As a result, the trustee may find himself in court as the beneficiary seeks assistance from the legal system in order to get answers. Keep on reading to learn more about avoiding litigation during probate administration.

Eight Tips for Avoiding Litigation Through Communication

Trust litigation is something that every trustee should aim to avoid. Not only is it a costly process to get the probate court involved in the trust administration, it is also a hassle that can lead to emotional strain. Fortunately, trustees can be proactive towards reducing the chance of a lawsuit. The following are eight helpful tips:

  1. Notify the beneficiaries when the creator of the trust passes away.
  2. Consider providing beneficiaries with a copy of the trust from the onset of administration.
  3. Complete regular trust accountings and send them promptly to the trustees.
  4. Maintain a current and up-to-date list of the contact information of all beneficiaries.
  5. When beneficiaries have questions, address their concerns promptly.
  6. If a dispute arises, consider calling a meeting with your attorney present to act as a mediator.
  7. If a beneficiary has concerns or questions about an expenditure of the trust, provide supporting documentation to clarify.
  8. Ensure that the beneficiaries have your most up-to-date contact information at all times.

Following the advice of your attorney is an important way to minimize the chances of trust litigation. If you have questions along the way, we encourage you to reach out. Send us a message through our easy, online contact form.

Pin It on Pinterest