Can a Trustee Sue on Behalf of the Trust

Can a trustee sue on behalf of the trust

Can a Trustee Sue on Behalf of the Trust? Generally, trustees are considered the real party in interest with the standing to sue and defend on behalf of the trust. This principle is affirmed in the case of Presta v. Tepper (2009) 179 Cal. App. 4th 909, 914.

Many times a trustee will want to consider to sue on behalf of the Trust against another co-trustee. Typically the Trustee and the co-trustee are family members. If you are a trust maker, that is the grantor or settlor, think twice before having two or more trustees. Having two Trustees sound prudent but opens conflicts within the family. The bottom line, you’re setting your family up for battles. Now the question is, “Can a trustee Sue on behalf of the Trust.”

1st takeaway: Contact a Trust Litigation Attorney and will set it straight based on your circumstances.

If there is more than one Trustee, Can the Trustee Sue in behalf of the Trust

The answer is yes and no, depending on how the writeup of Trust instrument. If the Trust allows the Trustee to act alone, then Yes. If, however, like most Trust instruments state that both Trustees should agree, then No, a Trustee cannot act alone.

If both Co-Trustees agree, then each can attain their counsel, as was in the case of Doermer v. Oxford Financial Group, 884 F.3d 643 (7th Cir. 2018). Each Trustee sought counsel.

An estate is not a legal entity; it does not have the capacity nor the standing to sue, and the title of the estate assets are held by the Trustee, who is the party in interest.

Can You sue a trustee

In California, can beneficiaries sue a trustee? Yes, if a trustee mismanages a trust, beneficiaries have the right to take legal action. Such lawsuits can be intricate, demanding deep legal expertise. Recognizing the available claims aids beneficiaries in assessing the viability of their case against a potentially negligent trustee.

Trustee sue on behalf of trust

A trustee holds the legal authority to act on behalf of the trust and can initiate litigation to protect its interests. This can be particularly important if the goal is to secure a beneficiary’s rightful inheritance.

Who can sue on behalf of a trust

In legal matters, the trustee holds the authority to act on behalf of a trust. When pursuing trust litigation, the primary objective is to secure a beneficiary’s rightful inheritance.

Choosing the Right Trust Estate Litigation Lawyer is Crucial

Searching for an Orange County Trust Litigation attorney?  Hess-Verdon & Associates is one of the most knowledgable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.

Our legal team of Trust Attorneys in Orange County, are well versed in estate planning, trust administration, and trust litigation.

Our viewpoint is the following:  Aggressive legal representation with a team of experts that protect you, our preferred client, with current tax and estate planning strategies.

Our litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case.

We welcome the opportunity to discuss your needs, our qualifications, staffing approaches, and rate structures with a view toward the successful resolution of Estate, and trust-related matters.

Learn more about our Living Trust Attorneys.

What Is Trust Litigation?

Trust litigation is where a Beneficiary or Trustee or even an heir of a Trust feel their legal rights are trampled upon and need legal counsel to represent them in court. Typically the trust litigation is between the Trustee vs. the Beneficiary/heir. Many issues can arise, and mostly due to transparency, i.e., the beneficiary feels the Trustee may be self-dealing. Self-dealing is where the Trustee puts their needs and wants before the Beneficiaries. Now, the Trustee knows they have the fiduciary duty to put everyone above their self-interest first and to comply with the wishes of the Trustor.

Now, after legal discovery, both parties will be asked to do the following:

• Mediate
• Arbitrate
• Litigate

Trust litigation is by far the most costly and can drain the estate assets. If you are a Trustee and or Beneficiary, best to keep communication open at all times with proper bookkeeping.

What are some common trust disputes:

When we meet with clients, we will discuss Trust disputes as well and how to avoid them. Our team of attorneys will cover the beneficiary perspective and Trustee(s)’ aspect and the steps for both parties.

A Person may Bring a Cause of Action for the Following Reasons:

• Trust Contests
• Disputes involving interpretation of sophisticated estate plans
• Disputes in Probate Court
• Discussions regarding Trust Administration
• Breach of Fiduciary Duty Claims and Ethical Concerns
• Undue Influence and Elder Financial Abuse Claims
• Business and Asset Valuation Disputes
• Contested Conservatorships
• Professional negligence and breach of duty defense for fiduciaries;
• Petitions to include omitted assets into the trust (Heggstad Petitions);
• Probate Code § 11700 proceedings to determine inheritance rights;
• Property and entitlement disputes;
• Recovery of lost, excluded, and disputed property (Probate Code § 850).
• Trust Accounting disputes
• Kinship proceedings
• Surviving spouse’s right of election
• Fiduciary litigation and removal proceedings

Why Consider hiring Hess-Verdon trust litigation attorneys

We work efficiently to help individuals, families, fiduciaries, organization with the following:

• Trustees
• Beneficiaries
• Individuals and families
• Banks
• Trust Companies
• Charitable entities
• Family Offices
• Corporate Fiduciaries
• Corporate Trustees
• Business Owners

Here at Hess-Verdon, we counsel clients on various aspects of estate disputes. Such as investigating potential claims, evaluating the merits of bringing a claim, filing or defending a claim, and when necessary litigating a claim through trial or settlement.

With our expert team of trust litigators, in many instances, we can settle such proceedings without going to trial after taking into account the merits of the positions advanced by the respective parties and the tax rules applicable.

Rest assured, the Hess-Verdon team is here to help you. Unlike some other law firms, we are a full-service firm. Handling thousands of probate litigation and trust litigation cases helps us know exactly steps are crucial for your situation.

Visit us in Fashion Island in Newport Beach. If you believe you need a team of attorneys, paralegals, and a helpful, caring staff, then read on.