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.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Probate Articles
- How can a Probate Attorney Help Me?
- What is a Probate Court?
- What is a Probate Proceeding?
- When is Probate Necessary?
- How are Probate Assets Distributed in a Probate Proceeding?
- Who is in Charge of Administering the Estate?
- What does the Personal Representative Do?
- Who (or What) can be a Personal Representative?
- How are Personal Representatives Selected by the Court?
- Does the Personal Representative Need an Attorney?
- What Documents Does a Personal Representative Need to Start Probate?
- What Fees are Generally Involved with Probate?
- What is Probate Litigation?