Call For FREE Consultation (866) 951-7526
Pierrolaw
  • Practices
    • Estate Planning
      • Wills Lawyer
      • LGBTQ Estate Planning
      • Asset Protection Lawyer
    • Estate Litigation
      • Trust Litigation Lawyer
    • Estate and Trust Admin
      • Probate Lawyer
    • Trust Lawyer
      • Living Trust Attorney
      • Revocable Living Trusts
      • Irrevocable Trusts
    • Elder Care Planning
    • Special Needs Planning
      • First and Third Party Special Needs Trusts
    • Medicaid Lawyer
      • Medicaid Eligibility
      • Medicaid Home Care
      • Medicaid Nursing Home Care
      • Medicaid Appeals in New York
      • Medicaid Application Denial
    • Guardianship
      • Guardianship in NY Under Article 81
      • Guardianship Under Article 17-A
    • Care Coordination & Advocacy
    • Business Planning Lawyer
      • Succession Planning Attorneys
    • New York and Albany Tax Planning Lawyer
      • Types of Tax Planning Services
    • Estate Planning for Art
    • Special Education Lawyer
  • The Firm
    • Our Attorneys
    • Our Staff
    • Resources
  • Videos
    • Estate And Trust Planning Videos
    • Medicaid Planning Videos
    • Long-Term Care Planning Videos
    • Intergen Conference Videos
    • Elder Law Forum Videos
    • Estate Planning for Art Videos
  • Radio
  • Blog
  • Events
  • Reviews
    • Reviews
    • Testimonials
  • Press
    • Print
    • Radio
    • Video
  • Locations
    • Capital Region
    • New York City
    • Lake Placid
    • Hudson
    • Falmouth
    • Ronkonkoma
    • Utica
  • Contact
  • Search
  • Menu Menu

Trust Litigation Lawyer

Home1 / Practice Areas2 / Estate Litigation Lawyer3 / Trust Litigation Lawyer

Carefully constructed trusts allow individuals, families, and others to protect their assets for their intended purposes and beneficiaries. Unfortunately, even those most carefully planned estates cannot anticipate every possible challenge to the trust that may arise. As such, trust litigation can happen in any number of circumstances.

Trust disputes are complicated by nature. When a trust contest arises, an experienced trust litigation lawyer can help sort through the issues, from the validity of the trust’s creation to whether the proper beneficiaries were included, or whether the trustee has breached their duty to the beneficiaries. New Yorkers living in Albany and the Capital Region as well as the greater New York metropolitan area are well advised to contact Pierro, Connor & Strauss for legal guidance in the event of a potential or ongoing trust dispute.

How a trust contest can arise

A trust is an estate planning tool that creates a division between legal ownership and the right to control certain property. Trust creation must meet state legal requirements, including the grantor being of sound mind, clearly-defined beneficiaries and be executed with the proper formalities. When there is an actual or an alleged flaw in one of these requirements, the dispute may land in court.

Follow a manual added link
Aaron E. Connor

Aaron E. Connor

Pierrolaw
Follow a manual added link
CARYN B. KEPPLER, ESQ.

CARYN B. KEPPLER, ESQ.

Pierrolaw
Follow a manual added link
Hannah Dameron

Hannah Dameron

Pierrolaw
Follow a manual added link

Call us today for a FREE consultation

(866) 951-7526

A trust litigation lawyer should be retained in any of the following situations:

1. Trust created without meeting the legal requirements

A trust needs to be created knowingly and voluntarily. There may be grounds to challenge the creation of the trust if the grantor was not of sound mind, or because the document was forged.

2. Proving that the grantor lacked the mental capacity to execute the trust

This requires evidence that the grantor lacked the understanding of:

  • The nature, extent, or value of their property
  • Their relationship to those affected by the trust
  • The type of trust to be created or how it was established

3. The trust may also be invalidated if the creator was coerced by undue influence.

This occurs when a beneficiary abuses a position of trust to override the trust maker’s free will. A contestant has the burden of proving that there was undue influence sufficient to interfere with the grantor’s decision-making, and that the trust would not have been created if not for the undue influence.

4. Trust was not administered properly

A trustee must follow the directions of the trust from the time the assets are moved to the trust until they are all distributed. However, the trust instructions often call for the trustee to use discretion in when and to whom to distribute proceeds and how to invest the principal. Other duties include informing beneficiaries of the trust, determining their interest, and  providing information to them. If a trustee violates the terms of the trust or their fiduciary duties, a beneficiary may have a valid claim.

Trust contests often delve into complex waters. If you are a trustee or a beneficiary involved in a trust that may be headed for a dispute, consider speaking with an estate litigation lawyer who is also well-versed in trust disputes.

Trust dispute resolution

Trust litigation can involve a substantial investment of time and money, which can ultimately devalue the assets to the beneficiaries. What’s more, is that these types of contests often arise out of an emotionally charged family dynamic. Regardless, litigation often proves the only way for parties to resolve the issues. In other cases, the parties may be agreeable to alternative dispute resolution.

Mediation is a popular tool used by litigators to avoid court and expedite a settlement agreed to by both parties. It is a voluntary process where parties to the legal dispute select a neutral mediator to facilitate settlement negotiations. In addition to economic efficient, the option also provides confidentiality. While the process itself is voluntary, if the parties reach a settlement, the settlement agreement will become a binding contract enforceable by the court.

Every situation is unique, both in the details of the trust and the priorities of the parties involved. The experienced litigators of Pierro, Connor & Strauss will take all considerations under advisement and offer honest, sound advice on how to proceed.

Speak with a trust litigation attorney

Pierro, Connor & Strauss, LLC regularly represents both trustees and beneficiaries in disputes involving trusts, including claims of breach of fiduciary duty, failure to inform and report to beneficiaries, violation of prudent investor acts, and trustee removal actions. We have deep experience litigating claims under New York’s estate planning and trust laws and the Surrogate’s Court Procedure Act.

Your trust litigation issues deserve a personalized solution. Call today to schedule a no-obligation, confidential consultation. For related questions arising under a will contest, ask to speak with probate lawyer for further assistance.

Life Happens…..Are You Prepared?

Contact us today for a FREE consultation and we’ll be happy to help take the worry out of tomorrow so you can live today.

(866) 951-7526 Email Us
Link to: Capital Region

CAPITAL REGION
43 British American Boulevard
Latham, NY 12110
Phone: 518-459-2100

Link to: New York City

NEW YORK CITY
260 Madison Avenue, 16th Floor
New York, New York 10016
Phone: 212-661-2480

  • Practice Areas
  • The Firm
  • Our Attorneys
  • Our Staff
  • Blog
  • Events
  • Locations
  • Contact
Proudly offering our legal services in these areas

Capital Region   •   Albany, NY   •   New York City   •   Ronkonkoma, NY   •   Garden City, NY   •   Hudson, NY

Lake Placid, NY   •   Utica, NY   •   Clark, NJ   •   Falmouth, MA   •   Clearwater, FL

Disclaimer

The material contained on this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-ites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state. The Firm does not intend to represent any party in any state in which this website may not comply with all applicable laws and ethical rules, nor will the firm represent any party with respect to legal matters related to the laws of any state or country in which its attorneys are not admitted to practice law.

Reproduction, distribution, republication, and/or retransmission of material contained within The Firm’s website is prohibited unless the prior written permission of The Firm has been obtained.

© Copyright – Pierro, Connor & Strauss LLC  |  Privacy Policy  |  Terms & Conditions  |  Site Map

Website and SEO by Razor Rank

Scroll to top
Call Us