Being a trustee of a family trust in Alameda County can be an honor, but it comes with many duties. The trustee has many responsibilities to the trust, and if they fail to follow its terms, it may be necessary to contest the trust and its appointed trustee. If you are considering challenging a family trust, you need to speak with an experienced trust litigation attorney.
At Hackard Law, our trust litigation attorneys understand the complications that come along with family trusts and the difficulty of contesting a trustee’s authority. If you are considering challenging the trustee of a family trust, we are here to discuss your options. We could listen to the difficulties you are facing and help you determine the best options for you and your family’s future.
When a family appoints someone as the trustee for their family trust, that person owes an immense responsibility to the trust and its beneficiaries. The trustee is responsible for managing all assets held within the trust and ensuring that they make distributions to the beneficiaries as directed in the trust documents. The trustee must be mindful of their fiduciary duty to the trust while administering it. A fiduciary duty means that the trustee must always act in the best interests of the beneficiaries. The trustee must manage the family trust with reasonable care to ensure assets are prudently maintained and make sound investment decisions for the long-term benefit of the beneficiaries and the trust.
In Alameda County, the fiduciary duties of trustees for family trusts also require acting honestly and fairly in trust dealings and providing an accounting of all transactions for the trust. Serving as a trustee is a huge responsibility, and a breach of these duties can result in potential litigation.
Parties with a financial interest in a family trust have the ability to contest it under certain circumstances. Individuals who may have financial interests in a trust include beneficiaries, heirs, and, potentially, creditors.
Potential beneficiaries can also contest a trust if they believe that they should have been included in it. When contesting a trust, you have several options. For example, you could demonstrate that the grantor of the trust was not of sound mind when the trust was executed or that someone pressured the grantor on decisions regarding the trust. You could also contest a family trust if you believe that the grantor made the trust for fraudulent reasons.
In other cases, you may have grounds for contesting a family trust in Alameda County if you believe that the trustee breached their fiduciary duty by mishandling assets. An experienced family trust litigation attorney could answer questions regarding who can contest a trust and why.
A family trust is not easy to challenge. Trusts are designed to protect assets and provide for beneficiaries well into the future. Being a trustee of a family trust in Alameda County has many responsibilities, but if the trustee fails to take those duties seriously, you may be able to challenge the family trust in court. If you have questions about challenging a family trust, you need to speak with a skilled attorney to understand your legal rights.
At Hackard Law, our attorneys work every day with families who need to challenge trusts for various reasons. We understand the emotional toll and legal ramifications of deciding to challenge a family trust, and our lawyers are here to listen to you and answer your questions. Contact Hackard Law today to discuss your case.
(916) 775-8542