Defending Trust & Trustees
Trustee Defense Lawyers Protecting You From False or Incorrect Allegations
Addressing issues with the beneficiaries early can avoid costly litigation. Waiting to address the issues can have devastating consequences if the case ever makes it to a jury. You have a right to and must defend yourself, and to do so without making matters worse. The natural reaction to getting sued as a fiduciary that believes he or she has done everything right is to be offended by the ingratitude of the beneficiary. An emotional fiduciary can cloud his or her judgment and cause him or her to breach a duty or make a poor decision that creates additional liability exacerbating the situation and making the lawsuit worse. Having represented many clients against their trustees, our trustee defense attorneys are well-aware of the pitfalls that get trustees in trouble and sued.
At Spencer, Johnson & Harvell, PLLC, we have the knowledge, experience, and skill necessary to defend a fiduciary from false, incorrect, confused, uninformed or misguided accusations. We will work to protect you from malfeasance allegations. It is important to work with your beneficiaries to attempt resolution to make things right to allow you to continue as trustee or to get you extricated from the situation without any liability. If not, we are prepared to go to trial and show a jury the accusations – innocent or deliberate – are wrong and that you acted appropriately and should not be held liable.
Custom Strategy for Your Situation
Our team of defense attorneys is prepared to help if you have been accused of:
- Failing to follow the terms of the trust
- Mishandling trust funds
- Breach of Fiduciary Duty
- Failing to properly account
We Help Defend Against Common Trust Litigation Issues
- A beneficiary may sue and claim the trust or a portion of the trust is invalid
- A construction suit to interpret the terms of the trust;
- A request to alter the terms or a term of a trust.