Trusts are often established with the goal of providing beneficiaries with financial security and stability. When questions arise about the validity or management of a trust, the opposite may result. O'Connell & Crispin Ackal, PLLC represents grantors, trustees and beneficiaries who want to ensure that assets are distributed as they should be. If you suspect that a trust is being mismanaged, you have a right to raise your issue and seek remedy. Similarly, trustees are entitled to vigorously defend themselves against accusations of incompetence or unlawful conduct. We help clients in the Palm Beach area and throughout Florida to seek favorable resolutions to trust disputes.
There are several bases for contesting the terms of a trust. If you wish to make a challenge, or if one has been brought against you, it is important to understand the legal foundations of your case. Reasons for disputing the validity of a trust include:
It is important to note that disappointment is not a valid reason for an heir to challenge a trust. All challenges must be supported by reliable evidence. The lawyers at O'Connell & Crispin Ackal, PLLC can advise you on the validity of your challenge and can work to help you resolve your issues.
All trustees are fiduciaries, which means they have a duty to manage the assets of the trust according to the grantor’s wishes and for the benefit of the beneficiaries. Fiduciaries must act in total accordance with the terms of the trust so that assets are not lost due to waste, fraud, misallocation or mismanagement.
Beneficiaries may challenge alleged misconduct and demand a full account of a trustee’s actions. The attorneys at O'Connell & Crispin Ackal, PLLC have experience on both sides of trust conflicts. We have associations with forensic accountants who can render accurate assessments of asset management and help assemble evidence to prove or refute allegations.
Conflicts among beneficiaries and fiduciaries can be damaging if they are not managed by experienced and knowledgeable legal counsel. O'Connell & Crispin Ackal, PLLC in Palm Beach provides capable trust litigation to clients throughout Florida. Call us today at 561-802-7536 or contact us online to schedule a consultation.