Practice Areas

Trust Litigation

Trust disputes are highly contentious and involve complex legal and factual issues. They require a deep understanding of the laws governing trusts and sound litigation strategies. Robert Peck and Peck Firm PC have extensive experience litigating all types of trust disputes on behalf of both beneficiaries and trustees, including:

Trust Contests: A trust contest is a claim that a trust is invalid, generally due to undue influence, fraud, or a lack of capacity. There is only a short time in which the validity of a trust may be challenged. It is important to contact an attorney right away if you believe a trust document is invalid.

Breach of Fiduciary Duty: Trustees are required to comply with trust terms, act in the best interest of trust beneficiaries, treat beneficiaries impartially, avoid conflicts of interest, and preserve trust property. A violation of any duty owed by a trustee is considered a breach of trust, which may render the trustee liable for damages caused by his or her conduct.

Removal of Trustees: A trustee may be removed by the court if the trustee has committed a breach of trust, the trustee is insolvent or otherwise unfit to administer the trust, there is a hostility of lack of cooperation among co-trustees that impairs the administration of the trust, or where the trustee fails or declines to act when required.

Obtaining Accountings and Financial Information: Trustees are required to provide beneficiaries with regular accountings of trust property and must keep beneficiaries reasonably informed regarding trust administration. If a trustee fails to provide accountings or financial information, the court may compel the trustee to do so.

Return of Trust Property: If trust property is in the possession of a third party, the court may order the property returned to the trust. If the court finds the property was taken using undue influence in bad faith or through the commission of financial elder abuse, the court may order the person who took the property to pay twice the value of the property and reasonable attorneys’ fees and costs.

Understanding When to Take Action

If you’re dealing with a trust issue—whether you’re a beneficiary concerned about missing assets or a trustee navigating a dispute—you need to act sooner rather than later. You may suspect undue influence in the creation of a trust, feel frustrated by a lack of transparency from the trustee, or worry that assets are being mismanaged. These are clear signs that it’s time to consult with an experienced trust litigation attorney. Trust disputes are time-sensitive, and waiting too long can weaken your case or result in missed legal deadlines. At Peck Firm PC, we’ll help you evaluate your situation, identify your options, and take swift action to protect your rights.

What to Expect in Trust Litigation

At Peck Firm PC, we guide you step-by-step, starting with an initial consultation to evaluate your case and review the trust documents. From there, we gather all the evidence—accountings, financial records, and witness statements—to build a strong foundation for your case. If we move forward with litigation, we file a formal claim in court to address the dispute. While some cases proceed to trial, many are resolved through skilled negotiations or settlements. Throughout the process, we’ll keep you informed and advocate for the best outcome possible.

Why Experience Matters in Trust Litigation

Trust litigation requires focus, skill, and legal expertise. With Peck Firm PC, you’ll have an advocate who knows how to protect your rights.

• In-Depth Knowledge: We understand the laws governing trusts and fiduciary obligations.
• Precision in Complex Cases: Whether interpreting ambiguous trust language or challenging misconduct, we know how to build strong, clear arguments.
• Strategic Advocacy: We balance aggressive litigation with opportunities for negotiation or resolution when it serves your best interests.

How Trust Litigation Protects Beneficiaries

As a beneficiary, you rely on the trustee to manage the trust fairly and in your best interest. But what happens when that trust is broken? If assets go missing, records aren’t shared, or trust terms are ignored, trust litigation can help you fight for what’s rightfully yours. Litigation ensures accountability—whether it’s compelling a trustee to provide financial records, recovering misappropriated property, or challenging improper amendments. At Peck Firm PC, we focus on restoring fairness and ensuring the trust reflects the true intent of its creator. Your financial future is too important to leave unprotected.

Common Concerns About Trust Litigation

Trust litigation can seem daunting, but working with the right legal team can ease the process. Common client concerns include:

• Time and Cost: While litigation can be complex, delaying action can cause greater financial harm.
• Stress and Emotional Strain: We approach disputes strategically, minimizing unnecessary conflict where possible.
• Outcomes: Many cases are resolved through mediation or negotiation, avoiding the need for trial.

At Peck Firm PC, we aim to resolve disputes efficiently and effectively, protecting your rights while easing your concerns throughout the process.

The Risk of Going Without Supportive Representation

Handling a trust dispute without legal guidance can have lasting consequences. Without experienced representation, you risk:

• Missed Deadlines: Strict time limits may prevent you from pursuing valid claims.
• Incomplete Evidence: Key details or records may be overlooked, weakening your position.
• Trustee Avoidance: Trustees may evade accountability for breaches of fiduciary duty or improper conduct.

At Peck Firm PC, we aim to resolve disputes efficiently and effectively, protecting your rights while easing your concerns throughout the process.

The Risk of Going Without Supportive Representation

Handling a trust dispute without legal guidance can have lasting consequences. Without experienced representation, you risk:

• Missed Deadlines: Strict time limits may prevent you from pursuing valid claims.
• Incomplete Evidence: Key details or records may be overlooked, weakening your position.
• Trustee Avoidance: Trustees may evade accountability for breaches of fiduciary duty or improper conduct.

Peck Firm PC takes a personalized, client-centric approach to each case to ensure clients obtain the best possible results. If you are facing a trust dispute or have questions regarding a trust, contact us today for a consultation.