A properly considered Estate Plan may include some form of established “Trust.” A Trust is a legal entity created by a formal document that controls the management and distribution of certain assets that are being “held” for the ultimate use and distribution to another party.
But what happens if a Trustee becomes untrustworthy?
The “Trustee” is the person or other entity set forth in the trust who is in charge of managing the trust assets and ensuring that they are ultimately distributed to the designated beneficiaries of the trust in the manner called for under same. Sometimes, and often despite a Trustees best intentions, a trust can be either accidently or intentionally mismanaged. This can give rise to a legal action for either or both Trustee negligence or Trustee malfeasance. Such matters will typically require the assistance of a qualified and experienced Trust attorney.
Trustees have a duty to protect the rights of the Trust beneficiaries.
Trustees owe a fiduciary obligation to the beneficiaries of a trust and must protect such interests above all else. Disputes can arise when there are questions about whether the Trustee is making adequate and regular distributions from the trust, whether the Trustee is properly managing the trust, whether there has been any improper waste or disposal of trust funds, whether or not the Trustee as any conflict of interest and even whether or not the Trustee is engaging in any type of self-dealing.
If you are the beneficiary of a trust and feel like your rights are being compromised or put at risk, you can rely on the experienced trust attorneys at American Wills & Estates. We have over 25 years of experience helping clients throughout Western Pennsylvania resolve trust administration and distribution issues.