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Estate litigation: When a trustee is not trustworthy

| May 22, 2018 | Estate Litigation |

Your loved one died. You are doing the best you can to grieve and move on. This individual left you and your family a trust with assets that are supposed to be, over time, distributed according to the trust plan. A trustee is in charge of doing this, but due to certain actions being taken, you do not believe him or her to be trustworthy. In New Jersey, estate litigation may be the only way to resolve the matter. 

You want to believe that an individual assigned as a trustee would be worthy of the post, and that he or she would do everything possible to make sure beneficiaries are receiving their inheritances as intended. Unfortunately, this does not always happen. There are trustees who take advantage or make bad decisions. 

Removing a trustee from his or her position is not a simple thing to accomplish. There needs to be proof that something fishy or questionable is going on. Sometimes that proof can be easy to come by and sometimes it is not. This is where you may need some help.

If you believe a trustee to be untrustworthy, a skilled estate litigation attorney may be able to investigate the matter and help you fight for your rights in a New Jersey court. Will there be resistance to such a claim, most likely, but it does not mean that you are wrong to pursue it. After discussing the matter with legal counsel, you can — if doing so is deemed appropriate — take the steps to remove a trustee and replace him or her with someone fit to handle the role. To learn more, please visit our firm’s website.