Trust Disputes 101: Common Issues and How to Handle Them
Estate planning is one of the most important steps anyone can take to secure their family’s future. Trusts are a popular tool in estate planning, used to manage and distribute assets according to a person’s wishes. However, even with the best planning, disputes can arise. Understanding the common types of trust disputes and how to prevent them can help families avoid costly legal battles.
In this blog, we’ll explore the most common trust disputes, why they happen, and how you can protect what matters most to you!
What Is a Trust?
Before getting into the most common trust disputes, it is important to define what a trust is. A trust is a legal entity created to hold and manage assets for the benefit of specific individuals or organizations (beneficiaries). There are various types of trusts, but generally, they involve three parties:
- Grantor: The person who creates the trust and contributes assets.
- Trustee: The individual or entity responsible for managing the trust assets.
- Beneficiaries: The individuals or entities that benefit from the trust.
Trusts are used in estate planning for many reasons, such as avoiding probate, providing for loved ones, and minimizing estate taxes.
Because trusts involve money and possessions, sometimes they are the cause of arguments among the above mentioned parties or other parties. Here are some of the most common types of trust disputes and what you should know about each one!
Common Trust Disputes
1. Trustee Mismanagement
One of the most common trust disputes occurs when a trustee is accused of mismanaging the trust’s assets (typically by the beneficiaries). Trustees have a