How to Prove and Recover Damages for Trust Mismanagement
- The trustee had a conflict of interest and acted in the best interest of someone other than the beneficiary;
- The trustee either personally or professionally profited from actions he took as the trustee and did not report the profit to the beneficiaries;
- The trustee was bribed or otherwise rewarded for making certain decisions with regard to the trust and was thus influenced by the reward rather than his duty to act solely in the best interest of the beneficiaries;
- The trustee was negligent in managing the trust and did not take the proper actions to safeguard the best interests of the beneficiaries; or
- The trustee acted in the best interest of one or more of the beneficiaries but not in the best interest of the majority of the beneficiaries.
Speak to an Experienced Estate Planning Attorney Today
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified estate planning lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local estate planning attorney to discuss your specific legal situation.
Additional Estate Planning Articles
- Estate Planning
- What Happens When a Person Dies Without a Will?
- Protect Your Children With Your Last Will and Testament
- Naming a Guardian for Your Children
- Power of Attorney, Durable Power of Attorney & Health Care Directives: What Is the Difference?
- The Uniform Transfers to Minors Act: An Overview
- Naming Children as Life Insurance Beneficiaries
- What rights do I have in planning a funeral?
- How to Decide if You Need a Trust and Estates Attorney
- What is a variable annuity, and how does it work for estate planning purposes?
- Estate Planning: The Advantages of Annuities
- What are the differences between annuities, IRAs, and 401(k) plans, and how do they fit into my estate plan?
- What are the tax advantages and/or implications of annuities?
- What are the potential pitfalls of annuities?
- Family Limited Partnerships
- When Is the Right Time to Start Your Estate Plan?
- What Is Estate Planning?
- What are Some Typical Estate Planning Documents?
- Is There Any Way To Avoid Probate?