Suffolk County Trust Litigation

Trust Litigation Lawyer in Suffolk County

Suffolk County is one of the original counties of New York. It covers 2,373 square miles. The 2018 estimated United States census determined that the county holds 1,481,093 people. The median age in this population was 36 years, with slightly more females than males. People aged 65 and older make up 11.80%. The median income for households there is $84,767. County residents may place property in trusts in order to obtain benefits such as avoiding, or mostly avoiding, the complicated and expensive process of probate. There are numerous disputes that may arise in connection with the trust—interested parties may seek to invalidate the trust or some of its terms or may believe the trustee is failing to meet a fiduciary obligation or seek an accounting. Whether you are a trustee who has been accused of self-dealing or a beneficiary who has not received an accounting or an interested party who believes a trust is invalid, you should contact an experienced Suffolk County trust litigation attorney. Jules Haas has 40 years of litigation experience and may be able to help you.

Remedies in `Suffolk County Trust Litigation

Trusts are estate planning tools that divide legal ownership from the right to control specified property and assets. There are several legal requirements those hoping to create a trust must meet. Grantors (makers of trusts) must be of sound mind, execute the trust instrument with appropriate formalities, and specify clear beneficiaries of the trust. Many different court proceedings may be used to procure remedies when requirements and obligations related to the trust are not met. This kind of litigation can be pursued by interested parties, beneficiaries, and trustees.

Trust contests are objections to the validity of the trust that are brought in Surrogate’s Court or the Supreme Court. Unlike a will contest, an interested party who wishes to set aside a trust must meet the burden of proof. Grounds to bring a trust contest include: a grantor’s lack of capacity, lack of due execution, duress, fraud, forgery and undue influence.

Prosecuting or Defending a Trustee’s Breach of Fiduciary Duty

Trustees are tasked with abiding by their fiduciary duty to beneficiaries. Fiduciary duties are those that require trustees to behave with the highest degree of care, loyalty, and devotion. Among other things, trustees should not harm the interests of beneficiaries or engage in double dealing or develop interests that are in conflict with the beneficiaries’. Many trustees aren’t clear on what this heightened duty entails, which is why it can be very helpful to retain an attorney to advise on actions that must be taken to meet these legal obligations.

Trustees can face legal proceedings in relation to their handling of trust assets and property, or their fulfillment of the terms of the trust. Perhaps a beneficiary of a family trust would have a claim against a trustee, for instance, if the trustee joins the board of directors of a nonprofit that organizes protests and boycotts against the family for their wealth. Similarly, a beneficiary might bring a proceeding against a trustee who mismanages assets and doesn’t bring their full degree of financial knowledge to bear on investment choices for those assets.

Suffolk County Beneficiary’s Right to an Accounting

Among other things, trustees are expected to use their professional skills and knowledge to meet their fiduciary duty to trust beneficiaries. For instance, when a trustee manages a hedge fund, they should bring the professional skills they use in that regard to their investment decisions. They are also required to let beneficiaries know about any actions they take in connection with the trust. When a beneficiary feels that there may be some mismanagement, he or she is entitled to receive a trust accounting that specifies what actions have been taken and the amount and nature of funds that remain in the trust. The beneficiaries’ rights are governed by New York Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA).

Consult a Suffolk County Trust Litigation Lawyer

For more than 40 years, seasoned Suffolk County trust litigation attorney Jules Haas has represented heirs, interested parties, trustees, beneficiaries, and estate administrators. He is dedicated to representing clients not only in trust litigation, but also in estate administration, probate, guardianship proceedings, and Surrogate’s court cases, with attentive, personalized service. Contact him through our online form or call (212) 355-2575 for a free consultation.