Plain-language answers to the most common trust & estate litigation questions, written by Haute Lawyer Network's editorial team.
Trusts can sometimes be modified after creation through consent, court order, or trustee decanting. Here is when modification is possible and how it works.
Read Answer →A successor trustee takes over management of a trust when the original trustee can no longer serve. Here is what the role involves and how to choose one.
Read Answer →A spendthrift provision prevents a trust beneficiary's creditors from reaching trust assets. Here is how this protection works and its limits.
Read Answer →Elder financial abuse involves the illegal or improper use of an older person's funds or assets. Here is how to recognize it and what legal remedies exist.
Read Answer →A contested estate involves disputes over the validity or distribution of a deceased person's assets. Here is what it means and how these disputes are resolved.
Read Answer →A charitable trust provides income or assets to a charity while potentially benefiting the grantor or their heirs. Here is how charitable trusts work.
Read Answer →A will contest challenges the validity of a will on grounds of lack of capacity, undue influence, or fraud. Here is who can contest and what must be proven.
Read Answer →Undue influence occurs when someone manipulates a vulnerable person to change their estate plan for the influencer's benefit. Here is how it is proven.
Read Answer →Trustees have strict legal obligations to beneficiaries. Here is what those duties are and what happens when a trustee fails to fulfill them.
Read Answer →Trustees are required to account to beneficiaries. Here is what a trust accounting must include and what to do if the trustee refuses to provide one.
Read Answer →Trust disputes can take months to years depending on complexity and whether parties can reach a settlement. Here is what affects the timeline.
Read Answer →A no-contest clause penalizes beneficiaries who challenge an estate plan by disinheriting them. Here is how they work and whether they are enforceable.
Read Answer →A trustee can be removed for breach of fiduciary duty, mismanagement, or conflicts of interest. Here is how the removal process works and who can petition th…
Read Answer →A trustee who acts in their own interest rather than the beneficiaries' interest may have breached their fiduciary duty. Here is what that means and what you…
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