Trust Administration and Trust Litigation
As part of our legal services offering, we represent Trustees of Trusts who are administering the Trust for the benefit of beneficiaries. Trust administration is a perilous process because Trustees are fiduciaries and are required to adhere to certain fiduciary duties when acting as Trustee. As the Trustee’s legal representative and guide, we strive to make sure the Trustee does not violate these fiduciary duties and end up defending against lawsuits from disgruntled beneficiaries. Trustees are required to provide Trust accountings to the beneficiaries, which can be prepared by our experienced Trust administration attorneys. We will assist in performing any asset transfer work including the sale of real estate and the liquidation of stocks and bonds.
Our experienced Trust litigation lawyers represent Trustees being sued by beneficiaries or beneficiaries suing Trustees accused of wrongdoing.
- If you are a Trustee who has been sued by the beneficiaries of a Trust, we can represent you to prevent any personal liability for breach of fiduciary duties. We will guide you through the litigation process to ensure your interests are protected while upholding the Trust Grantor’s original intent.
- If you are a beneficiary of a Trust and you believe the Trustee to be violating his or her fiduciary duties, we can champion your rights to make sure the Trust assets are preserved and a new Trustee is appointed. Trust litigation can be perilous for beneficiaries so it is best to consult with a trust beneficiary lawyer before proceeding down this path.
Special Needs Trusts and Irrevocable Life Insurance Trusts
Special Needs Trusts (SNTs) are set up for the benefit of disabled beneficiaries who need financial help but who primarily rely on government benefits for treatment and care. We represent Trustees of Special Needs trusts who are administering the Trust and want to be assured that they are not distributing the Trust assets in a way that would jeopardize the beneficiary’s public benefits.
We also represent Trustees of Irrevocable Life Insurance Trusts (ILITs), which are Trusts set up to own life insurance policies and reduce estate taxes. ILITs require the regular sending of what are known as “Crummey Notices”, which can be handled by the attorneys at our firm. If you are a Grantor of an ILIT and you want the maintenance of the ILIT to be performed by another party, we are happy to assist.
Contact the Lake County Trust Administration and Trust Litigation Attorneys at Johnston Tomei Lenczycki & Goldberg LLC Today
If you are acting as a Trustee of a Trust and need assistance in administering the Trust, or if you are a beneficiary of a Trust and you are contemplating bringing a lawsuit against the Trustee for failing to uphold his or her fiduciary duties, then speak with the Lake County Trust Administration and Trust Litigation attorneys at Johnston Tomei Lenczycki & Goldberg LLC today to see what options are available.