An Ohio Firm Offering Decades Of Experience In Complex Trust Litigation
Trusts are powerful legal entities that can achieve a variety of important goals. For better or worse, trusts are complex and must be managed. This complexity makes it cumbersome to modify or terminate a trust. It can also inspire trustee misconduct or create the suspicion of trustee misconduct among beneficiaries.
While no one wants to end up in court, trust litigation is often necessary to protect all parties involved – especially the trustor and any vulnerable beneficiaries. If you find yourself facing a litigated trust dispute in Northeast Ohio, you can find the skilled representation you need by contacting The Law Offices of Adam M. Fried, LLC. The firm’s practice is exclusively dedicated to estate and trust litigation, and founding attorney Adam M. Fried brings more than 25 years of legal experience to each case and client.
Representing Plaintiffs And Defendants In Any Type Of Litigated Trust Dispute
Attorney Fried’s focus on litigating estate disputes and trust matters has given him an in-depth knowledge of estate law and experience advocating for both plaintiffs and defendants in virtually every type of commonly disputed trust issue, including:
Breach Of Fiduciary Duty-Trustee
A trustee is obligated to make decisions and act in accordance with the best interests of the trust beneficiaries. When they fail to meet this obligation, whether through mismanagement, self-dealing or neglecting their responsibilities, it is considered a breach of fiduciary duty. Legal action becomes necessary when trustees fail to act in good faith, or they prioritize their own interests over those of the beneficiaries.
If you suspect that a trustee is not acting in good faith or is prioritizing their own interests over those of the beneficiaries, legal action may be necessary to correct this misconduct and/or remove the trustee.
Trust Mismanagement
Trust mismanagement occurs when a trustee fails to adhere to the terms of the trust or mishandles the trust’s assets. This can include poor investment choices, failure to distribute assets according to the trust’s terms or neglecting necessary administrative duties.
Trustee Fraud
Fraud in the context of a trust involves deceitful practices to alter the trust’s terms or improperly gain control of trust assets. This can include forged signatures, false representations or hiding critical information from the trustor or beneficiaries.
Removal Of An Ineffective Or Corrupt Trustee
Sometimes, it becomes necessary to remove a trustee who is not fulfilling their duties properly. This could be due to incompetence, conflict of interest or any form of misconduct. Legal proceedings can help replace an unsuitable trustee with someone more capable of managing the trust responsibly.
Official Interpretation Of Trust Provisions
Disputes often arise from unclear or ambiguous language within the trust document. Different parties may have varying interpretations of the trust’s terms, leading to conflicts. In such cases, you might need legal assistance to clarify the trust’s language and ensure that its terms are executed as intended.
Disputes Between Trust Beneficiaries
Beneficiaries may disagree on how the trust’s assets should be distributed. These disputes can stem from perceived favoritism, unequal distributions or disagreements over the trustee’s decisions.
Contesting Trust Validity
A trust contest involves challenging the validity of the trust itself. This can be based on claims that the trustor lacked the mental capacity to create the trust, was the subject of the exercise of undue influence, under duress, or that the trust document was improperly executed.
Accounting Disputes
Trustees are required to provide regular accounting to the beneficiaries, detailing how the trust’s assets are managed and distributed. Disputes can arise if beneficiaries believe the accounting is inaccurate or incomplete. Legal action can compel a trustee to provide a full and accurate accounting.
Modification Or Termination of Trust
Sometimes, changes in circumstances may necessitate the modification or termination of a trust. This can involve legal proceedings to alter the trust’s terms to better reflect the current situation or to terminate the trust if it no longer serves its intended purpose.
An Attorney Fighting On Behalf Of Vulnerable Ohioans And Their Families
A major aspect of the firm’s trust litigation practice is focused on protecting clients or their loved ones from exploitation. The elderly and adults who suffer from incapacity are at the greatest risk of being financially exploited.
Firm founder Adam M. Fried is passionate about the topic of financial exploitation and the aging community. He regularly litigates trust challenges on the grounds of undue influence, and he has provided testimony before the Ohio House Civil Justice Committee opposing legislation that he believes would have been harmful to Ohio’s aging population. He is precisely the attorney you want in your corner when faced with a complex and high-stakes trust dispute.
Get Answers To Your Questions During An Initial Consultation
The Law Offices of Adam M. Fried provides counsel in trust disputes related to estates with a million dollars or more in assets. If you want to learn more about your rights and legal options as a trustee, beneficiary or other interested party, contact the firm to schedule your initial consultation. You can reach out online or call 216-710-4555.