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Trust Litigation

Determined Illinois Litigator Handles Trust Conflicts

Skilled lawyer represents clients in the Hanover Park area during inheritance disputes

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. Maritote Law 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. I help clients in the Hanover Park area and throughout Illinois to seek favorable resolutions to trust disputes.

Experienced attorney advises clients on trust challenges

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:

  • Lack of capacity — This ground alleges that the person who created the trust was not of sound mind at the time it was created.
  • Undue influence — Trust documents might be invalid if a person with access to and power over the grantor (the creator of the trust) used emotional manipulation to gain special consideration in the estate plan.
  • Fraud — This ground alleges the grantor was deceived about the terms of the trust at the time that documents were drawn up, or that his or her signature was forged.
  • Ambiguity — If the language included in trust documents can be interpreted in more than one way, a beneficiary may ask a court to determine the interpretation that should be enforced. A challenger can seek to prevent all or part of the trust from being implemented.

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. At Maritote Law, I advise clients on the validity of trust challenges and help them resolve issues.

Accomplished counselor handles breach of fiduciary duty claims

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 fiduciary’s actions. My practice at Maritote Law includes experience on both sides of trust conflicts. I have associations with forensic accountants who can render accurate assessments of asset management and help assemble evidence to prove or refute allegations.

Contact an established Illinois trust litigation attorney

Conflicts among beneficiaries and fiduciaries can be damaging if they are not managed by experienced and knowledgeable legal counsel. Maritote Law in Hanover Park provides capable trust litigation to clients throughout Illinois. Call 630-560-5248 or contact me online to schedule a consultation.

EXPERIENCE TRULY MATTERS
From decades of practice in the courtroom and negotiations, personal injury attorney Mark Maritote is highly qualified to secure the justice you deserve. If you were injured in the Schaumburg area or elsewhere in northern Illinois, please call our Hanover Park office at 630-830-9300 or toll free 866-402-0174 for a free consultation.
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