Nassau County Trust Litigation

Nassau County Trust Litigation

Located on the western part of Long Island, Nassau County is an affluent New York suburban county. The county includes two cities and 3 towns as well as many villages and unincorporated hamlets. Nassau’s county seat is Mineola. As of 2020, the county’s population increased to 1,395,774. Within this population, there were 340,523 families and 448,528 households. If you live in Nassau County or elsewhere in New York, it may be appropriate to place your assets in a trust to obtain certain benefits. This isn’t the right solution for everyone, and a seasoned lawyer can advise you. Unfortunately, even when legal counsel is retained, there are many heated situations in which family members or other loved ones do not accept the trust terms. Additionally, when assets are placed into a trust, they are supposed to be managed by a trustee for the benefit of the trust’s beneficiaries. Sometimes, trustees do not live up to their duties or, conversely, are accused unfairly by beneficiaries of the trust. Whether you were harmed by a trustee or you believe the trust is invalid or you are a trustee who has been asked for an accounting and you are worried about what this means for your role, you should consult seasoned Nassau County trust litigation attorney Jules Haas.

Lawyer to Bring or Defend Against Trust Litigation in Nassau County

There are differences between probate contests, which challenge wills, and trust contests in New York. Trust litigation can be more complex and less certain in its outcome, though courts have seen an increase in trust cases, which has helped to refine case law concerning trusts.

Trust litigation occurs for many different reasons. Lawsuits related to a trust may be pursued or defended against by a beneficiary, interested party, or the trustee.

A proceeding may be brought in court to challenge a trust’s validity or an amendment to the trust; to ask for remedies related to the trustee’s improper administration of the trust; or to interpret the trust. In some cases, the trust instrument includes the forum where the dispute should be decided. Both the Supreme Court and the Surrogate’s Court maintain jurisdiction over lifetime trusts. Generally, the nature of the proceeding will determine which forum is an appropriate one.

Right to an Accounting

The trustee of a trust must keep good, accurate records of every transaction that involves trust property and assets or run the risk of litigation. A beneficiary has the right to an accounting that specifies all of these transactions and to see what a trustee has been doing with the property in the trust, since the trust is set up for a beneficiary’s benefit. These accountings should be taken seriously.

If you are not given an accounting, or if you are a trustee who is asked for an accounting and are unsure of your obligations or the consequences of the accounting, you should call Mr. Haas, an experienced attorney who handles trust litigation and administration in Nassau County. There are legal remedies that a beneficiary can pursue through trust litigation when denied an accounting.

Trustee’s Breach of Duty

Trustees owe a fiduciary duty, a very high duty of care, to beneficiaries for whom they manage trust assets. Among those duties is the duty of loyalty, which prohibits self-dealing. Fiduciaries are required to act for another’s benefit and with the utmost loyalty. When a trustee fails to act in a beneficiary’s interest with regard to a property, engages in self-dealing or engages in a transaction in which they have a conflict of interest, they can be sued for the amount of money lost by the trust. Likewise if a trustee is accused of using trust funds inappropriately, such as by taking property out of the trust and using it or improperly transferring it to a third party, it may be appropriate to hold him or her accountable for the damages arising out of conversion.

Consult a Nassau County Trust Litigation Lawyer

Mr. Haas is a seasoned attorney who has represented clients in trust litigation and other estate litigation for 40 years. He represents estate administrators, heirs, and other parties interested in estate proceedings. Dedicated to providing clients with personal and attentive service, he handles all probate, estate administration and Surrogate’s court cases as well as guardianship cases. Give Mr. Haas a call through our online form or at (212) 355-2575 for a free consultation.