Estate contests and disputes can be intimidating for anyone, even a professional trustee. In this guide, we've answered some of the questions we’re commonly asked about estate and trust contests, estate disputes, and other issues professional trustees may face.
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0:00 Introduction
0:01 The Professional Trustee's Guide to Estate Contests and Disputes
0:22 What Are the Common Estate Contests and Disputes?
0:48 Legal Requirements Not Followed
1:35 Lack of Testamentary Capacity
2:15 Undue Influence or Fraud
3:07 Can a Trustee Be Sued?
4:41 Can a Beneficiary Be Sued?
5:15 Can a Beneficiary Be Removed?
5:58 How Should I Handle a Problem Beneficiary?
7:50 What is an Estate Litigation Attorney?
8:57 When Should I Contact a Trust Litigation Attorney?
What Are the Most Common Estate Contests and Disputes?
Estate contests and disputes occur when an interested party challenges the validity of a will in probate court. A will is invalid if the testator did not follow state legal requirements, if the testator was not of sound mind, or if a third party illegally manipulated the testator and used undue influence to obtain a document that did reflect the testator’s intent.
Can a Trustee Be Sued?
Trustees have a legal duty to administer the trust for the beneficiaries’ benefit while acting with skill, care, and caution. In reality, serving as trustee is a thankless task, because the fiduciary duty owed to beneficiaries – the highest duty – allows beneficiaries to sue trustees for perceived errors or mismanagement of a trust.
Can a Beneficiary Be Sued?
Unlike trustees, beneficiaries do not have any responsibilities in administering a trust or estate. A beneficiary simply receives what the trustee gives them. Since a beneficiary does not have a fiduciary duty to the trustee, trustees rarely have reason to sue a beneficiary unless the beneficiary has stolen or otherwise damaged trust property. For this reason, it is much more common for a beneficiary to sue a trustee.
How Should I Handle a Problem Beneficiary?
It’s an unfortunate truth that some, perhaps even many, beneficiaries can be difficult and demanding. In our experience, this type of behavior often stems from fear and anxiety about a lack of transparency in the trust administration process. Beneficiaries may not be familiar with how trusts work or may resent that the trustee has been put in charge of the trust property.
Even when a trustee is doing everything right, if the beneficiaries don’t know what the trustee is doing or why they are doing it, they might be uncooperative. Here are a few suggestions for trustees on handling a problem beneficiary:
Reach out to all beneficiaries early in the process.
Make sure the beneficiaries understand your role.
Help the beneficiaries form realistic expectations for how long it will take to administer the trust.
Keep beneficiaries informed about how you are managing trust assets.
Treat questions as opportunities for engagement.
Don’t hide trust documents, assets or other information from beneficiaries.
Be as transparent and communicative as possible throughout the administration process.
Following these rules can help keep beneficiaries happy, and happy beneficiaries are far less likely to cause trouble. What’s more, courts are far less likely to take issue with your trust administration if you’ve kept beneficiaries well-informed.
Looking for legal representation? At RMO, we protect people like you everyday.
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About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation
