Signs You Might Need Trust Litigation in Washington State

As we age, we want to be certain that our loved ones will enjoy financial stability long after we are gone. Trusts are important estate planning tools that minimize tax obligations and preserve financial assets for the designated beneficiaries, setting them up for a secure future. But sometimes, disputes over trusts happen. These issues can be particularly complex and overwhelming in the wake of a loved one’s passing; and the last thing you want to face while mourning your loved one is a costly and contentious legal battle. However, if you are struggling with a concern about the administration of a trust, it’s essential to recognize that you have options for obtaining a fair and equitable resolution to this dispute. Trust litigation can offer you a path forward to ensure that justice is served and the integrity of the trust is upheld. Enlisting the guidance of a highly qualified and experienced Vancouver estate trust litigation attorney is recommended to maximize the likelihood of securing a fair and favorable outcome. Let’s take a closer look at some hypothetical scenarios in which trust litigation may be necessary in Washington state and some of the steps you can take to ease and simplify the process during this challenging time.

What is Trust Litigation in Washington State?

Generally speaking, trust litigation occurs when one party (i.e., the beneficiary or trustee) files a lawsuit against the other party (or a third party) in order for the beneficiary to achieve a specific outcome. For example, a trust beneficiary may file a lawsuit against the trustee or a third party to obtain the inheritance they believe is rightfully theirs. Other trust litigation cases may involve a trustee filing a lawsuit against a beneficiary to reclaim property that rightfully belongs to the trust. Either way, trust litigation is a legal process through which any party may seek to right a perceived wrong.

Common Reasons Why a Beneficiary May File a Trust Litigation Suit

There are various reasons why a beneficiary in Washington state may opt to initiate trust litigation proceedings. Perhaps the trustee refuses to provide important information to the beneficiary, such as financial information, copies of the trust agreement and terms, or other important documents, even after the beneficiary has made a reasonable request for this information. Or, a beneficiary may have reason to believe that the trustee is taking trust assets to which they are not entitled or using trust assets for their personal benefit, which may prompt the concerned beneficiary to file a lawsuit against the trustee for violating their fiduciary duty or engaging in some form of misconduct or misappropriation of funds. Whenever a beneficiary suspects that the trustee is failing to uphold their duties and responsibilities or is otherwise acting in bad faith, it may be time to explore whether pursuing a trust litigation suit could help to protect the trust’s integrity.

Other “Red Flags” That Could Indicate the Need for Trust Litigation

When someone sets up a trust, they need to designate a trusted individual to serve as the trustee. Trustees in Washington state must adhere to a set of legal responsibilities, such as acting solely in the interests of the beneficiaries, remaining impartial, and maintaining any real property placed into the trust. Any failure to fulfill these obligations may result in a beneficiary initiating trust litigation proceedings. If a beneficiary believes that the trust documents have been altered without proper or sufficient legal oversight, for example, or if they believe a third party exerted undue influence over the creator of the trust (the grantor) that compromises the integrity of the trust, taking the matter before the court may be the most appropriate path forward to securing a fair and just outcome. Even if you are not certain that the other party has engaged in wrongdoing, you have the right to discuss your concerns with experienced and caring trust litigation lawyers to understand your options.

Learn More About Trusts and Estates Disputes

Estate and trust administration matters tend to be inherently complex, as they often involve complicated familial relationships and high financial stakes. Moreover, these issues can intensify in the emotionally-charged aftermath of a loved one’s death, making disagreements even more contentious and combative.

If you are struggling with an issue involving trust administration, it’s essential that you recognize your options for obtaining a fair and just resolution. As soon as any concerns arise, it’s helpful to get a copy of the Trust Agreement. In Washington, a trustee has 60 days from the date of the grantor’s passing in which to provide a copy of the trust to the beneficiaries. If this window has passed and you have not yet received any correspondence from the trustee, you have the right to make a written demand to the trustee. Any further failure on the trustee’s behalf may constitute grounds for taking legal action. Any concerns you may have about the trust administration process or a trustee’s failure to fulfill their obligations can be discussed with a skilled and trusted estate planning and trust administration lawyer.

Trusted Legal Guidance When You Need It Most

As a client-centered estate planning law firm, Myatt & Bell, P.C., is ready to answer your questions, address your concerns, and support you at every opportunity. No matter what your specific concerns may be, hiring a skilled trust litigation attorney familiar with Washington state laws is highly recommended in order for you to navigate these complex situations and ensure that justice is served and the integrity of the trust is preserved.

At Myatt & Bell, P.C., we believe in building up, strengthening, preserving, and protecting families across generations. If you have any questions about the estate planning or trust administration process, please contact our Vancouver, Washington office at (360) 360-0212 or our Portland, Oregon office at (503) 641-6262 today to get started with a dedicated and caring attorney.

The content on this blog is for general informational purposes only and does not constitute legal advice. The author of this blog is not an attorney, and the views expressed are solely those of the author. Always seek the advice of a qualified attorney for legal guidance regarding your unique situation.

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