Understanding Trust Litigation in Arizona
The law firm of Deloughery Law Office, PLC, has extensive experience helping trustees and beneficiaries resolve disputes under Arizona trust instruments. We also help settlors (or trustors) of trusts. If you need advice about your rights on either side of a trust dispute, contact an experienced probate litigation attorney at our offices in Scottsdale and Phoenix.
Helping Trustees Avoid Litigation
Especially when serving as a successor trustee after the death of the creator of a revocable living trust, a trustee might be unfamiliar with the duties and functions involved in the position. While most people have little difficulty understanding the general nature and scope of their fiduciary responsibilities, the details of asset management, accounting and reporting can present problems for those who are new to them.
If you find yourself acting as a trustee for the first time, or have concerns about performing your duties in accordance with the law, it makes sense to hire a lawyer with the knowledge and skills you need to help avoid liability on such issues as:
- Breach of fiduciary duty
- Conflict of interest
- Waste or mismanagement of trust assets
- Misappropriation of trust assets
- Assessment of a surcharge as a result of damage to the trust
- Failure to make timely accounts or reports
- Replacement of the trustee
At Deloughery Law Office,, PLC, our experience with trust administration and litigation can help trustees protect themselves from liability and find ways to resolve disputes on terms that are fair to all parties while protecting the value of trust assets.
Protecting Beneficiaries Throughout Arizona
Beneficiaries under the terms of a trust necessarily rely on the competence and honesty of others to enjoy the full benefit of their rights. When a trustee's performance falls short of what's required under the law, the beneficiaries are entitled to bring their claims to probate court to recover what's rightfully theirs.
Our statewide trust litigation practice may help you recover losses due to waste, neglect, dishonesty or errors in the interpretation of the terms of a trust. We also represent beneficiaries with interests opposed to other beneficiaries, such as when some family members are entitled to the income of trust assets with the principal passing to remainder beneficiaries later on.
Whether we're representing the trustee or a beneficiary, Deloughery Law Office, PLC, looks for ways to resolve trust disputes while protecting the value of the assets at issue. It doesn't do you much good to win a victory in probate court if the expenses of the litigation eat up the asset value. Our resourceful approach to trust litigation can also help clients resolve problems relating to title defects in trust assets, reformation of trust instruments, and the termination of trusts with final distribution.
Call 602-639-4618 for Advice About Trust Litigation
For additional information about our experience with the resolution of disputes between trustees and beneficiaries or within beneficiary groups, contact Deloughery Law Office, PLC, in Scottsdale or Phoenix.
