When a loved one passes away and trusts go into effect, disputes may quickly arise among the beneficiaries or between the beneficiaries and the trustees (fiduciaries) overseeing the trusts. In many cases, such trust disputes can be as contentious as they are costly and destructive, and working through them to obtain an appropriate resolution will be essential to preserving the assets of the trust, as well as the relationships between beneficiaries and fiduciaries.
At J R Phillips & Associates, PC, our Denver trust dispute attorneys are experienced at representing both beneficiaries and fiduciaries embroiled in trust disputes. While we are focused on advocating our clients’ interests, minimizing their costs and helping them resolve their disputes outside of court, we are always ready to represent them in court when litigation is necessary to achieve the best possible outcomes to their trust disputes.
Our Experience Successfully Resolving Trust Disputes
Our Denver trust dispute lawyers are skilled at successfully resolving various types of disputes on behalf of our clients, including (but are not limited to) trust disputes regarding:
- The appointed trustee – Many trust disputes arise because beneficiaries believe that the trustee is failing to live up to his fiduciary duties. In other words, these types of trust disputes are based on allegations that a trustee has breached his fiduciary duties.It’s important to point out here that, in some cases, an alleged breach of fiduciary duty may have been intentional on the part of the trustee (i.e., the trustee was deliberately trying to defraud the trust). In other cases, trustees who are inexperienced may make mistakes that unintentionally result in an alleged breach of fiduciary duties.Regardless of why fiduciary duties may have been breached, the fact is that, when such a breach has occurred and can be proven in court, beneficiaries can be entitled to compensatory damages (to repay them for damages and losses due to the breach of fiduciary duty) and punitive damages (to punish the fiduciary).
- The validity of the trust document – The bases of these types of trust disputes arise from contentions that a trust is not legally valid because at least one of the following factor is an issue:
- The person who created the trust did not have the mental capacity or awareness to legally do so when the trust was developed.
- Undue influence was exerted over the person who created the trust and, consequently, resulted in elements of the trust that are not aligned with the trustmaker’s true wishes.
- The provisions of the trust are unclear, illegal or have been improperly interpreted by a trustee.
Denver Trust Dispute Attorneys at JR Phillips & Associates, PC
When trust disputes arise, both beneficiaries and fiduciaries can turn to the trust dispute lawyers at JR Phillips & Associates, PC. We provide a thoughtful, comprehensive approach to our clients’ disputes, issues and needs, and we are committed to helping each of our clients work out the best possible solutions to their trust disputes. This means that our clients can always count on us to provide them with:
- Competent, caring and professional representation
- Personalized attention
- The highest quality of legal services.
Our Denver trust dispute lawyers are skilled at using a variety of traditional and innovative strategies to successfully resolve trust disputes while upholding our clients’ interests and helping them achieve their objectives.
Schedule an Initial Consultation Today
Let’s discuss your options for resolving your trust dispute during an initial consultation. To schedule this meeting, call us at (303) 741-2400 or email us using the contact form at the top of this page.
From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village and Englewood.