A Trust Litigation Attorney is skilled at handling cases involving trusts, estates, wills, probate, and other areas of law that involve trusts. No one wants to go to court to defend their rights over a loved one’s trust or estate. But if you are facing going to court, you need an effective advocate on your side.
Going to court should resort after all other efforts have failed to resolve the problem. We will work hard to try to resolve things beforehand. But if that doesn’t work, we will help you figure out what options you have going forward.
Trust Litigation Issues That We Handle.
We represent clients in all areas of trust litigation. Sometimes we represent the trustee. Sometimes we are suing the trustee. And sometimes we are handling other issues. If your issue is not listed below, please call us at 602-443-4888 because we may still be able to help you.
- Appointing a Trustee
- Trust contests
- Incapacity (claim that the person who created the trust was incapacitated)
- Financial exploitation
- Duress
- Failure to read and understand challenges)
- How to interpret a trust
- Beneficiary rights
- Fiduciary duty and liability issues
- Fiduciary accounting
- Distribution issues
- Trust and trustee disputes
- Disputes over a power of appointment
- Financial exploitation, vulnerable adult issues and financial elder abuse claims
- Trust administration
- controversies among or between beneficiaries, trustees, co-trustees, or other fiduciaries
- omitted spouse disputes
- joint account and beneficiary deed controversies
- fee and surcharge disputes
- disputes on behalf of or against children from prior marriages.
- Trust interpretation
- Undue influence
- Breach of fiduciary duty
- Disputes over trust reformation
- Removal of trustees
- Trust accounting practices
- Trustee misconduct
- Trust Contests
- Lack of testamentary capacity
- Misappropriation of assets
- Disputes with third parties, such as creditor or business associates with claims against the trust
- Fraud
- Mistake
When Should You Hire a Trust Litigation Attorney?
We’ve listed the legal issues — but let’s get real for a moment. Most people don’t think in terms like “fiduciary liability” or “trust reformation.” They think in terms like “my sister’s hiding money” or “Dad was pressured into changing his trust.” So here it is — plain and simple.
If any of the following situations sound familiar, it’s time to call a trust litigation attorney:
1. The Trustee Is Abusing Their Power
The trustee is treating the trust like their personal piggy bank. You’ve asked for transparency — and gotten stonewalled. This isn’t just bad behavior; it’s legal grounds for action.
2. You’ve Been Cut Out — and It Feels Wrong
Maybe your parent changed their trust shortly before passing… and your name disappeared. If you suspect manipulation, coercion, or confusion, don’t wait. Undue influence cases get harder with time.
3. The Family Is at War
Siblings accusing each other. Step-relatives claiming rights. Tension so thick you could slice it with a codicil. If the gloves are off, you need someone trained to fight in this arena.
4. You’re the Trustee — and Under Fire
Even well-meaning trustees get sued. Maybe someone thinks you’re playing favorites. Or they’re just bitter. Either way, you need a seasoned attorney to protect your backside (and the trust assets).
5. The Trustee Needs to Go — Now
You’re watching someone mismanage the trust, play favorites, or violate terms — and no one’s stopping them. A litigation attorney can help you remove them legally and fast.
6. Someone Manipulated the Trust Creator
If your loved one was isolated, medicated, or pressured when the trust was changed, there may be a case for undue influence. These are sensitive, high-stakes battles — but very winnable with the right help.
7. You’re Already in a Lawsuit
Too late for prevention — now it’s defense. If you’ve been served or dragged into court, don’t try to handle it solo. One bad filing can cost you everything.
8. You Suspect Financial Elder Abuse
An elderly loved one’s money has mysteriously vanished, or someone inserted themselves into a trust at the last minute. This isn’t just shady — it’s potentially criminal. We know how to stop it.
9. The Trust Is a Legal Maze
Conflicting clauses, outdated provisions, or just plain sloppy drafting. You need someone to interpret the document and fight for the outcome that honors your loved one’s intentions — and your rights.
10. You Waited Too Long and It’s Getting Ugly
Court dates. Motions. Deadlines. The longer you delay, the less control your lawyer has to shape the outcome. Don’t let the process run you over. Get help now.
Bottom Line:
If you see yourself in any of these scenarios, don’t wait until it’s too late. The earlier you involve an experienced trust litigation attorney, the more options you have — and the more likely you are to win.
Choose the Right Lawyer.
If you’re facing a lawsuit or other type of legal action, you need to choose the right lawyer. An experienced trust litigation lawyer can help ensure that you receive fair compensation for any losses you’ve suffered. We help ensure that your loved one’s wishes are carried out. The attorney can also protect you from possible liability.
Hire a Lawyer Now.
A good lawyer will work with you to understand what happened and why. They’ll also explain how the law applies to your situation and what options you have to protect yourself.
The sooner you hire a lawyer to advocate for you, the better. The further a lawsuit goes, the harder it is for your lawyer to help you. The reason is that there will motions and other procedures that begin to set the course of the case. The longer you wait, the harder it is for your lawyer to guide things in your favor.
Contact our trust litigation attorney today to see how we can protect your rights. Or you can call us at 602-443-4888. We’re here to help.
