Being a person who is affected by, or has an impact on, a trust, will or other estate plan can be a blessing or a burden. Oftentimes, there are multiple parties involved in the estate plan, will or trust administration. Not always do these people see eye-to-eye. It’s possible that someone involved in the will, trust or estate plan does not do as intended.
If actions are negligent in terms of the contract agreement, the law or other governing agreement, one could allege negligence by a trustee, executor or conservator. In doing so, one would seek to potentially overthrow that person’s access to the administration of the estate plan or to have them pay for damages incurred to a beneficiary or the estate, trust or will itself. Most often, people want to see negligent conservators removed from a position of power in terms of the estate, trust or will.
At the Gostanian Law Group, we know how difficult this event can be. Oftentimes, loved ones or other people close to you, could be accused. This can damage relationships and make communication difficult. If talking it out is an option that is off the table, litigation may be the only option left. A financial investigation into the trust or estate can render clues as can the contract that governs the estate.
It can be hard to know what to do but it’s important that a will/trust/estate is carried out in the ways intended. A person may have passed away who would have otherwise overseen the administrative aspects. Sometimes when people get into a position of power, it can go to their heads.