When the beneficiary of a trust does not have confidence that the trustee is acting properly in the administration of the trust, the first inclination may be to involve the court. Litigation may not be the only option, however. Beneficiaries can potentially pursue several different routes to resolving trust disputes just by trusting the trustee. If you are a beneficiary facing this issue, an experienced attorney can help you make the best decision for your case. If you would like to lean more about resolving trust disputes before involving the court, we encourage you to keep on reading to learn more.
Five Potential Resolutions for Disputes With a Trustee Without Involving the Court:
How can a dispute with a trustee be resolved without litigation? The following is an overview:
Conducting a Meeting
Sometimes, a face-to-face meeting between the beneficiaries and trustee can go a long way towards resolving issues between the parties. Contact the trustee to see if he or she is open to scheduling this type of meeting.
Involving an Attorney
If talking with the trustee is not getting you anywhere, consider involving your attorney. This may show the trustee that you are taking your role as a beneficiary of the trust seriously, and that you are being diligent about looking out for your best interests.
Using a Trust Protector
Some trusts allow for a trust protector to act as a middleman between the trustee and the beneficiary. This individual’s job is to provide a second set of eyes on the activities of the trustee. If your loved one’s trust allows for a trust protector, you may want to take advantage of this provision.
Mediation may be a good option because the goal is resolve the issues between the trustee and the beneficiary. It can help you achieve reconciliation, restoring the trust and relationship that exists between the parties. Having a mediator can allow for an airing of the parties differences, while allowing them to control the process, as well as utilize solutions that could not be ordered by a court. An example would be where one party receives an apology from the other.
Arbitration is different from mediation in that it seeks a winner and a loser in the dispute. The court, however, is not involved at this stage.
When all else fails, or in situations where significant harm may result from a failure to take swift and aggressive action, pursuing litigation may still be your best option as a beneficiary. Fortunately, you do not have to make this decision on your own. We are here to help. To learn more, we encourage you to contact us by initiating an online chat today.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307