Alabama Trust Attorney

A trust is a financial tool that you (the grantor) create allowing a third party (the trustee) to manage and spend assets to benefit a person, group of people, or charitable cause (the beneficiary or beneficiaries). Trusts can be set up in several different ways and can state specifically when and how you want the assets (or income from the assets) to pass to the heirs and/or beneficiaries.

The Fiduciary Role of a Trustee

The grantor names a third party to act as trustee and administer the trust after the grantor’s death. With revocable trusts, the grantor himself often serves as the original trustee. The role of a trustee is an administrative one – referred to as a “fiduciary duty” — and they must carry out their role by following the instructions laid out in the trust document.

The fiduciary role of a trustee includes:

• Maintaining records to establish that trust assets are appropriately managed and spent
• Releasing this information to beneficiaries when requested
• Fully following instructions and goals as delineated in the trust document
• Paying federal and state taxes as required
• Not treating trust assets or income improperly (such as misappropriation or fraud)
• Avoiding conflicts of interest
• Maintaining integrity and cognitive sharpness to fulfill the role of trustee.

When Things Go Wrong, You Need A Trust Litigation Attorney

If arguments erupt between beneficiaries or you believe a trustee is not fulfilling their fiduciary duty, then it’s time to talk to an estate litigation attorney.  While we often hope that estate matters can be ironed out through discussions, sometimes they can’t.  Litigating in court is a tough and aggressive job, and not all estate lawyers are prepared to do it.  At Southern Estate Lawyers, we are.

Our legal team has years of experience in the courtroom, and we’re prepared to litigate on your behalf to achieve a favorable outcome.  A trust dispute lawyer is an ally and asset when things go wrong.  We have had enormous success in both probate and circuit courts and through mediation in matters concerning estate and trust litigation.  These issues can include:

• Breach of fiduciary duties by executors, trustees, administrators, guardians, powers of attorney and conservators, as well as defending against accusations of breach of fiduciary duties
• Accounting proceedings to challenge or defend management of an estate or trust
• Undue influence, will contests, and mental incompetence
• Interpretation and construction of documents and validity of documents
• Spousal rights proceedings to question or establish inheritance rights
• Contests regarding appointment of guardians and conservators
• Removal of trustees, executors, administrators, powers of attorney, guardians, and conservators, as well as defending against accusations concerning such removal.

If a trustee or beneficiary is exerting undue influence on an elderly family member, hiding or misappropriating funds, misrepresenting the instructions of the grantor, or engaging in other inappropriate behaviors, a trust litigation attorney can aggressively represent your best interests in court.

Contact a skilled Alabama trust attorney today

If you are in opposition to decisions being made about a trust for which you are a beneficiary or a trustee, or if you have been removed as a beneficiary, or your percentage of inheritance under the trust has been greatly reduced, then a phone call to a skilled Alabama trust attorney makes sense.  Gathering legal information and understanding your options is a critical first step.  The experienced trust litigation lawyers at Southern Estate Lawyers have helped countless families.  We can do the same for you.  Our client victories make our work worthwhile.  To find out more about how we can serve you, call us for a free initial consultation at (205) 990-7000.