Most Common Types of Trust Disputes

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The death of a loved one can bring a great deal of grief and sadness to a family. You and your relatives will need some time to process the loss and move forward without the person who died. In the midst of your mourning, you will also need to deal with the will and trusts left by your loved one. This can be as difficult as getting through the emotions caused by their death.

Trust-related disputes can be incredibly destructive. They can tear families apart; and at a time when people who love each other should be coming together, such disputes can cause an unbridgeable divide.

To minimize the fallout of such disputes, you should call a trust attorney Utah. Trust lawyers Utah will understand the delicacy of such matters and will know how to handle them in a way that will bring clarity and certainty to the issues at hand.

Here are the most common types of trust-related disputes:

1. Poor selection of trustee
Trustees are empowered to oversee the management of the trust and the distribution of its assets to the beneficiary. Disputes arise when the trustee has failed to carry out their duties properly. In legal terms, this is a breach of fiduciary duty, and it may include failing to provide required accounting and tax information, improperly investing trust assets, improperly using trust assets for personal benefit.
If a trustee has been charged with breach of fiduciary duty, your Utah trust lawyer will investigate the matter and report their findings.

2. The trustor did not have required legal capacity to create the trust
This is a tricky one. If someone makes this claim, they are essentially saying that the person who created the trust—the trustor—was not of sound mind and body when they did so and that therefore the trust is invalid. This is a strong claim that must be backed by strong evidence. You will want your lawyer to look into it before bringing the matter before the courts.

3. The person who created the trust was unduly influenced
If someone exercised an inappropriate level of influence over the trustor’s actions, then the trust can be deemed invalid. The Utah trust attorneys at Mountain View Law Group can investigate such allegations and determine whether there is any truth in them.

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