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Settling Disputes After The Death Of Someone Close

When trustees or beneficiaries do not agree on the use of assets, the distribution of assets or other facets of the process, there may be cause to pursue an investigation. When foul play is suspected, it may be necessary to initiate litigation.

At Kuiper Kraemer PC in Grand Rapids, we understand the scope of these processes: the duty, the steps and what is and is not permitted. We can help you resolve your issue with integrity. Call 616-537-1016 to schedule a meeting and learn more.

Seven Trust Issues That Typically Require Litigation

While many misunderstandings or unintentional minor breaches of duty can be resolved via timely negotiation, some issues do warrant taking the matter to court. These include:

  1. Mental incapacity of either the trust maker or the trustee: Typically, this issue arises when there has been unlawful action or a modification to the trust that did not follow protocol.
  2. Misuse of trust assets: If a trustee uses the trust assets for personal gain or does not use the assets in a way that benefits the trust this can be cause for concern and action.
  3. Confusion as to the intention of the trust maker: In some instances, especially with blended families or multiple marriages, who the intended beneficiaries are can be unclear or misinterpreted.
  4. Undue influence: If someone has put pressure on the maker of the trust to do things that the trust maker would not normally do, this can be undue influence.
  5. Death of the trustee: If this happens and there is no designated successor, a judge will have to appoint a new trustee.
  6. Validity of the trust: A trust must be witnessed, notarized and signed, per Michigan law. A forged trust always requires litigation.
  7. Risky or reckless investing: Similar to misuse of trust assets, a trustee has a legal obligation to protect the assets in the trust.

We have extensive knowledge and skill in Michigan trust and probate litigation. We assist both beneficiaries who wish to pursue litigation and trustees who require defense. As experienced probate attorneys who also create wills and trusts, we have a comprehensive understanding of Michigan estate planning laws.

Turn To Us For Probate And Trust Litigation Advice

Not sure what step to take next? Get experienced guidance by calling and speaking with us at 616-537-1016. These issues often require you to act quickly. As a small firm, we offer personal and responsive service. Reach us at our Grand Rapids office by using our contact form. We look forward to helping you resolve your matter efficiently.