Crafting Your Estate Plan: Selecting a Trustee and Managing Trust Litigation

The Essentials of a Comprehensive Estate Plan

Creating a well-rounded estate plan often involves incorporating various documents, each with its unique advantages and responsibilities. Common instruments include a last will and testament, durable power of attorney, living will, and trusts. These tools are crucial for ensuring your estate is managed and distributed according to your wishes.

The Role of a Trustee in Estate Planning

When you establish a trust, appointing a trustworthy and competent trustee is vital. The trustee manages the trust’s assets and administers it in line with your instructions and legal requirements. They hold a fiduciary duty to act in the best interests of the trust’s beneficiaries. If beneficiaries suspect the trustee is not fulfilling this duty, they have the right to challenge the trustee’s actions in probate court.

Addressing Breaches of Fiduciary Duty

To prove a trustee has breached their fiduciary duty, the accusing party bears the burden of proof. Breaches can include self-dealing, mismanaging trust assets, or other actions contrary to the beneficiaries’ best interests. Beneficiaries are entitled to detailed accountings of the trust’s assets and management. If necessary, they can initiate discovery processes, such as requesting the trustee’s personal bank statements, to gather evidence of mismanagement or theft from the trust. The specific evidence required will depend on the alleged nature of the fiduciary breach.

Seeking Legal Assistance for Trust Issues and Litigation

Navigating trust management and litigation can be complex. If you need guidance with your estate planning or are facing trust-related issues, contact us at (320) 299-4249 for a consultation. We can assist you in creating a solid estate plan and provide legal support in trust litigation matters.