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Are you the beneficiary of a trust who suspects the trustee of misconduct? Or did you create a trust and think you made a mistake in the person you selected as trustee? In either case, you need experienced legal assistance to address the issue effectively and get the peace of mind you deserve. Let the experienced estate litigation lawyer at Bristlecone Law provide it.
Based in Bend, we serve clients in Deschutes, Crook, and Jefferson counties, as well as statewide. Contact us today about your trust dispute, and our experienced trust litigation attorney will explain your options for resolving it during a confidential, no-pressure consultation.
Trusts involve both financial interests and personal relationships, a combination that can amplify disagreements about how the trust should be managed and how its funds should be distributed. Contested issues could involve:
When interested parties disagree about these or related issues, they may first seek to resolve the matter through alternative dispute resolution (ADR). The parties may attend mediation, in which a neutral third party facilitates discussions that could lead to a successful compromise. The mediator makes no decisions, but rather suggests different strategies to the parties. Mediation does not always result in a solution. Another alternative is arbitration, in which an arbitrator hears both parties’ arguments and can make a binding decision.
If ADR is unsuccessful, the parties to a trust dispute can proceed to litigation, which involves asking the courts to render a decision. Regardless of whether you’re pursuing ADR or litigation, you’ll want an experienced trust disputes lawyer to advocate for your side and help you resolve the disagreement to your satisfaction.
Trust litigation may arise if any party to the trust believes the trust itself is invalid. A trust could be invalid if it was improperly set up or if the intended assets were not transferred into the trust’s ownership.
Additionally, there could also be disagreements over trust amendments or restatements. If the language in the amendments or restatements is unclear, a court may be required to determine which document governs.
Parties might also allege that the trust or its amendments were created through undue influence, fraud, or duress, and that the settlor who created the trust did not know what they were doing.
An attorney from a law firm that regularly handles estate disputes can be invaluable in reviewing the circumstances to determine whether the trust or any amendments or restatements could be invalid.
The beneficiaries of a trust have rights under Oregon’s Uniform Trust Code (UTC). These legal protections are intended to ensure they receive the benefits the trust’s settlor intended for them. Those rights include:
The UTC allows beneficiaries to file suit against a trustee for mismanagement, improper investments, unauthorized distributions, or neglect of administrative duties. Beneficiaries should not attempt to file such a lawsuit on their own. A skilled lawyer can handle all the legal details, which will give the beneficiary the best chance of a successful outcome.
The trustee who manages a trust owes what are called fiduciary duties to the trust and its beneficiaries. The Oregon Uniform Trust Code (UTC) outlines those duties as those of:
These duties prohibit the theft or misuse of trust assets and any self-dealing by the trustee. If you believe a trustee has violated these duties, you need a trust disputes lawyer in Bend, OR, who can investigate to determine whether such activities occurred and then represent you in ADR or litigation.
The procedures for removing and replacing a trustee in Oregon are outlined in Oregon law. The person who established the trust (the settlor), a co-trustee, or a beneficiary may ask the court to remove a trustee. The court can also remove a trustee on its own motion.
The court can remove a trustee if they find that:
While the court’s decision is pending, they may order relief to protect the trust property or the beneficiaries’ interests.
To replace the trustee, the court must follow the rules outlined in the Uniform Trust Code (UTC). They must identify a qualified person to serve as successor trustee. The search for a trustee to fill the vacancy must begin with a determination of whether a successor trustee was named in the trust document. If not, the next candidate would be a person unanimously appointed by the agreement of qualified beneficiaries. If neither of those options produces a successor trustee, the court will appoint one.
Whether you’re a settlor, co-trustee, or beneficiary, if you’re seeking to remove and replace a trustee, an attorney from a trust litigation law firm can advise you about how the process works and what your next steps should be.
A trust dispute can put your finances and your emotional well-being in jeopardy. That’s why you want an attorney who will always treat you with respect and who will put in the hard work to understand your situation and advise you honestly on the options available to you. That’s the kind of lawyer you’ll find at Bristlecone Law of Bend, OR.
We’ll bring adaptability, resilience, and wisdom to your case and devise solutions that are grounded in a deep understanding of both the law and what’s right. Our goals are simple: to help you move forward with confidence and to maintain a law practice that puts people first. Reach out to us today to get the practical solutions you need for your pressing trust dispute.
If you believe there is a problem with the validity of a trust or that the trustee has breached their fiduciary duties, you need a seasoned attorney from a trust litigation law firm to take on your case. At Bristlecone Law, we’re experienced and knowledgeable about all types of trust disputes, and we’ll be happy to meet with you to discuss the details of your situation.
From our law firm’s office in Bend, Oregon, we serve clients in Bend, Redmond, Prineville, and Madras, as well as other cities in Deschutes, Crook, and Jefferson Counties. We’d be honored to serve you, as well. Call our office today or contact us online for a consultation with our trust dispute attorney.
If you’re facing a legal matter, or want to prevent one before it starts, reach out. We’ll tell you what’s worth fighting, what’s worth fixing, and how to move ahead with confidence.
