Protecting Your Interests in Trust and Estate Disputes
Estate plans and trusts are created to protect assets and ensure that a loved one’s wishes are carried out. But even with the best intentions, disagreements can happen between beneficiaries, trustees, personal representatives, and others who have a financial stake in the estate. When these issues can’t be resolved through conversation, litigation might be necessary to protect your interests.
When disputes arise in trusts and estates, you need a legal team that will stand by you and fight for what’s right. At the law firm of Reuter Corbett, our Portland trust and estate litigation lawyers are here to offer you practical advice and strong representation. Whether you’re dealing with a dispute over the conduct of an individual trustee, executor, or personal representative, we’re committed to helping you achieve a fair outcome.
Why Choose Reuter Corbett for Trust and Estate Litigation in Portland?
Our trust and estate litigation attorneys can represent you in any dispute involving a trust, will, or other testamentary instrument. Here’s what makes us different:
- Decades of Experience: Our estate attorneys have extensive experience handling trust and estate litigation cases. We’ve successfully navigated extremely complex disputes and always proceed with the goal of resolving your case as quickly and favorably as possible.
- Tailored Strategies: We understand that your situation is unique to you and your family. That’s why we don’t take a one-size-fits-all approach. We develop legal strategies that handle your case with the attention it deserves.
- Compassionate Support: Trust and estate disputes can be emotionally challenging, especially when they involve family relationships. Our team provides the support you need throughout the legal process, making sure you feel understood and supported until the moment your case concludes.
If you’re involved in a dispute related to a trust or estate in Oregon, contact our law office in Portland to learn more about how we can help.
Breaches of Fiduciary Duty in Trusts and Estates
When someone is appointed as a fiduciary—whether as an executor, trustee, or personal representative – they take on a significant responsibility. They are expected to manage the estate or trust with care, loyalty, and in the best interests of the beneficiaries. But what happens when they don’t? That’s where breaches of fiduciary duty come into effect.
A breach of fiduciary duty occurs when the person in charge of managing the estate or trust fails to fulfill their legal obligations. This can happen in several ways, and the consequences can be serious for the beneficiaries.
Common examples of breaches of fiduciary duty include:
- Mismanagement of Assets: As a fiduciary, one of the primary responsibilities is to manage the assets of the estate or trust properly. This means making sound investment decisions, keeping up with property maintenance, paying necessary expenses like taxes, and ensuring that the value of the estate or trust is preserved. If the fiduciary fails to do this—by making poor investment choices, neglecting property, or allowing taxes to go unpaid—it can lead to a major loss of value for the beneficiaries.
- Self-Dealing: Fiduciaries are not allowed to use their position to benefit themselves at the expense of the beneficiaries. Self-dealing happens when the fiduciary takes actions that serve their interests rather than those of the beneficiaries. For example, if a trustee sells a piece of trust property to themselves at a below-market price or uses trust funds for personal expenses, they are engaging in self-dealing. This kind of behavior is a clear breach of fiduciary duty and can lead to legal action.
- Failure to Distribute Assets: Beneficiaries have a right to receive the assets they are entitled to under the terms of the will or trust. When a fiduciary delays or withholds these distributions without a valid reason, it can cause financial hardship and frustration for the beneficiaries. This failure to distribute assets as required is another form of breach of fiduciary duty.
- Lack of Communication: Fiduciaries have a duty to keep beneficiaries informed about the status and management of the estate or trust. This includes providing updates on financial matters, explaining decisions, and answering questions. If a fiduciary fails to communicate regularly or transparently, it can lead to mistrust and uncertainty. While this might seem less serious than financial mismanagement, it can still be a breach of their duty and harm the beneficiaries.
What Can You Do If There’s a Breach?
If you believe that a fiduciary has breached their duty, it’s important to take action to protect your interests and those of other beneficiaries. Here are some steps you might consider:
- Gather Evidence: Start by collecting any documentation that shows the fiduciary’s actions or inactions. This could include financial statements, records of communication, or any other relevant documents.
- Consult with an Estate Lawyer: It’s a good idea to speak with an attorney who has experience in trust and estate litigation. They can help you understand your options and guide you on the best course of action.
- Consider Legal Action: If the breach is serious and has caused harm, you may need to take legal action to hold the fiduciary accountable. This could involve hiring an estate and trust litigation attorney to help remove the fiduciary, seek compensation for losses, or enforce the terms of the trust or estate.
- Stay Informed: Even after taking action, it’s important to stay informed about the ongoing management of the estate or trust. This helps ensure that the new fiduciary fulfills their duties properly and that your interests are protected.
A breach of fiduciary duty is a serious matter that can have lasting effects on an estate or trust. By understanding your rights and taking the appropriate steps, you can help ensure that the fiduciary is held accountable and that your loved one’s legacy is protected.
The Trust and Estate Litigation Process
The first step in estate and trust litigation is to meet with an experienced attorney to discuss your case. During this initial consultation, we’ll review the will and trust provisions, assess the merits of your claims, and provide an overview of what you can expect. We’ll also talk about your goals and how we can help you achieve them.
- Filing a Petition: If litigation is necessary, the next step is to file a petition with the appropriate court. This petition outlines the nature of the estate or trust dispute, the legal grounds for your claims, and what you’re asking the court to do. We’ll make sure your petition is thoroughly prepared and filed on time.
- Discovery Process: The discovery process involves exchanging information and evidence between the parties involved in the dispute. This might include collecting legal documents, taking depositions, submitting interrogatories, and requesting admissions. The goal of discovery is to gather all relevant information to build a strong case. We’ll ensure that all necessary evidence is obtained and properly presented.
- Mediation and Settlement Negotiations: Many trust and estate fiduciary disputes can be resolved through mediation or settlement negotiations. Mediation involves a neutral third party who helps facilitate discussions and find a mutually acceptable resolution. Settlement negotiations allow the parties to talk directly about potential resolutions. Our trust attorneys are skilled negotiators who will work hard to achieve a fair settlement for you.
- Trial Preparation and Representation: If a settlement can’t be reached, the case may go to trial. We’ll thoroughly prepare your case, gather and present evidence, examine witnesses, and make compelling legal arguments on your behalf. Our goal is to present your case in the strongest possible way and protect your interests.
After the trial, there may be additional legal matters to address, such as enforcing the court’s decision or handling any appeals. We’ll continue to provide support and representation through post-trial proceedings, so that you have peace of mind moving forward.
FAQs
What Is A Will Contest?
A will contest is a legal challenge to the validity of a deceased person’s will. This involves disputing the terms of the will or the circumstances under which it was created. Common reasons for a will contest include undue influence, fraud, lack of mental capacity, and problems with how the will was executed.
Only “interested parties” can contest a will. This includes individuals who are beneficiaries under the will or who would have inherited from the estate if the will didn’t exist. Interested parties can include family members, heirs, and sometimes creditors.
Who Can Be Held Accountable In Fiduciary Litigation?
In fiduciary litigation, those who can be held accountable include trustees, executors, guardians, conservators, and any other parties acting in a fiduciary capacity. A fiduciary is legally required to act in the best interests of the beneficiaries or the estate. If they fail to do so—whether through negligence, intentional wrongdoing, or conflict of interest—they can be held liable. Beneficiaries, co-trustees, or other interested parties can initiate legal action if they believe the fiduciary has breached their duties.
Can A Fiduciary Be Held Personally Liable?
Yes, fiduciaries can be held personally liable for any losses or damages they cause through their actions. If a fiduciary is found to have breached their duties, they may be required to repay any money or property that was lost, stolen, or mismanaged. In some cases, the fiduciary may also be ordered to pay additional damages or penalties.
Personal liability means that the fiduciary’s own assets, such as their savings, property, or income, may be used to satisfy the judgment. This underscores the importance of fiduciaries taking their responsibilities seriously and seeking legal advice if they are unsure of how to fulfill their duties.
Speak to a Portland Trust & Estate Litigation Lawyer Today
If you’re facing an estate or fiduciary dispute, contact Reuter Corbett today to schedule an initial consultation. Our team of experienced Portland trust and estate litigation lawyers is ready to provide you with the support you need during this challenging time. For more information about our legal services, call our law office at 503-874-6166.
