Trust & Estate Litigation — Legal Questions Answered

Whether and how a trust can be modified after creation depends on whether it is revocable or irrevocable. A revocable trust can be freely…

A successor trustee is the person or institution named in a trust document to take over as trustee when the original (or predecessor) tru…

A spendthrift provision in a trust restricts the beneficiary's ability to voluntarily transfer their interest in the trust and prevents t…

Elder financial abuse is the illegal or improper use of an older adult's money, property, or assets — by a family member, caregiver, fina…

A contested estate is an estate in which one or more parties dispute the validity of the will or trust, the identity of the rightful bene…

A charitable trust is a trust that serves a charitable purpose — education, religion, relief of poverty, advancement of the arts and scie…

A will contest is a legal proceeding challenging the validity of a will. Unlike a trust challenge that occurs during administration, a wi…

Undue influence occurs when one person exerts such significant control over another — particularly an elderly or vulnerable person — that…

A trustee holds legal title to trust assets and manages them for the benefit of the trust's beneficiaries. This position of responsibilit…

Trust accounting is the process by which a trustee documents and reports all financial activity of the trust to the beneficiaries. Truste…

Trust disputes vary from a few months for cases resolved through negotiation or mediation to 3-5 years or longer for complex disputes goi…

A no-contest clause — also called an in terrorem clause — is a provision in a will or trust that disinherits any beneficiary who challeng…

Yes, a trustee can be removed — either voluntarily, by agreement among the parties, or by court order. The grounds for removal, the proce…

A fiduciary is a person who holds a position of trust and is legally required to act in the best interests of another person. A trustee i…