Pittsburgh Trust Litigation Attorneys
40+ Years of Helping Clients Plan for Their Futures in Armstrong, Allegheny, Beaver, Washington, Butler, Westmoreland Counties
If you are looking for a trust litigation attorney in Pittsburgh, Herb & Winters Law is the right law firm for you. For over 40 years, Herb & Winters Law has proudly served the Greater Pittsburgh Area with trust litigation matters. Our Pittsburgh trust litigation attorneys have experience defending trust litigation and prosecuting trust litigation, so whether you are defending a trust contest or are thinking about challenging a trust via a trust contest – schedule a consultation with Herb & Winters Law today.
Trust Litigation in Pittsburgh:
Trust litigation in Pittsburgh includes but is not limited to:
- Trust Contests: A trust contest is where someone is challenging the validity of a trust – either totally or partially – and you can click on “trust contest” if you would like more information on that topic.
- Removal of Trustee: Unless the Trustee is willing to voluntarily step down on their own (which is usually unlikely), you will have to petition the Court to remove the Trustee.
- Refusal to Make Distributions: Disputes can arise when the trustee fails to make certain distributions, despite the fact that the spirit and intention of the trust was to protect and care for beneficiaries. Depending on the facts, it may be possible to force a distribution and/or removal of the trustee if they are not acting properly.
- Surcharge: A surcharge is where usually a trustee is assessed damages that must be paid into the Court, which could be due to a decrease in the value of assets or a transaction in which the trustee had a conflict in interest.
- Dispute as to Terms of Trust: Disputes can arise as to the meaning of certain terms or phrases in a trust and their legal meaning. One party may say one thing and the other party something completely different. To settle such a dispute, it may become necessary to put the issue before a judge to let him settle the dispute in accordance with the law by entering an Order that provides clarity to the situation.
- Improper Distributions: Disputes can arise when improper distributions have been made. A trust should be administered in accordance with the terms of the trust. If someone acts in a way that is not consistent with the terms of the trust, then litigation may prove to be the only way to right the wrong.
- Wasting Trust Assets: If the assets of the trust are not being properly managed at an investment level in accordance with the provisions set forth in a trust, suing the trustee and seeking the trustee’s removal may be an option (depending upon the facts).
When could a Court remove a Trustee?
A trustee could be removed for various reasons including but not limited to:
- Breach of Trust: A serious breach of trust has been committed by the trustee. In such cases, we look for instances wherein the terms of the trust have not been followed and have been breached by the trustee. While there are many examples, one example could be failing to make required payments to the beneficiaries.
- Uncooperative Co-Trustees: A lack of cooperation among co-trustees substantially impairs the administration of trust. If there are disputes amongst the co-trustees and this is causing gridlock and harming the trust property, then removal of one or more of the trustees should be done so that the trust can run smoothly once again.
- Ineffective Administration: Another potential ground for removal of a trustee is ineffective administration. While there are many examples of ineffective management of a trust, some of those examples could include mismanaging the trust property (poor investment results), distributions are not being made as required, and/or poor tax decisions are being made.
If you have questions about potential trust litigation, then please call our trust litigation attorneys today to schedule a consultation.
Call our Pittsburgh Trust Litigation Attorneys Near You
In short, Pittsburgh trust attorneys at Herb & Winters Law can assist you with your trust litigation. Be proactive and schedule a consultation today with the Pittsburgh trust attorneys at Herb & Winters Law today, so that you can start getting answers to your legal questions.