This is the next article in our discussion on the rights of Hartford beneficiaries during a Connecticut trust dispute. Our last article discussed removing a Trustee due to malfeasance or negligence. It is important that you take action as soon as possible if you believe a Trustee is failing to meet their duties. Doing so helps to ensure that the trust’s assets are not unnecessarily squandered. In this article we will discuss the need to hire an attorney if you find yourself in a dispute. If you or a family member are in need of assistance, then contact our office today to speak with a lawyer.
Many individuals may hesitate to hire an attorney during a trust dispute out of a desire to avoid conflict. Quite often, the beneficiary who is dissatisfied will also be a friend or relative of the Trustee. This can result in one not wishing to challenge their own relative or in their not bringing a challenge out of worry about how it may appear to family members. Trust disputes, however, seldom resolve themselves and it is important to remember that Trustees seldom stop improper conduct until forced to do so by the heirs. Hiring an attorney to assist you with a disagreement will often result in the matter being resolved with less conflict than there would be otherwise. This is because many disputes can be resolved through phone calls and letters and litigation is often not required.
If a Trustee is blatantly violating their fiduciary duty, then it is important to hire an attorney as soon as possible. Counsel can take immediate steps to ensure that the trust’s assets are not squandered. These steps can include, amongst others, seeking an immediate injunction to stop any transfer of the trust’s assets. Depending on the nature of the dispute, it may be possible to quickly resolve the issues through Motion practice in Probate Court. If litigation is required, then your attorney will conduct all necessary discovery and see the case through to completion at trial. If the Trustee has caused damage to the trust, then your counsel will also assist with recovering any amounts that are awarded.
A key point to remember when selecting counsel is to hire an attorney with experience in estate law. Trust disputes often involve complicated issues of fact and law that are unique to this area of practice. Hiring less experienced counsel can sometimes result in the case not being handled properly. This can make a difference in the outcome of the case. Our firm has been representing clients in the area for decades and we take great pride in the level of service which we offer. If you or a family member are involved in a Connecticut trust dispute, then contact our lawyers today to schedule an initial consultation. We look forward to speaking with you.
We also service the Connecticut areas of Wethersfield, New Britain, Rocky Hill, East and West Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
