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Trust Litigation

Trust Litigation Kootenai County

When disputes arise between heirs under a Will or beneficiaries of a trust, it can be a painful and confusing ordeal for those involved. Sometimes these conflicts arise out of financial mismanagement or wrongdoing. In other instances, trustees may neglect their responsibilities because they are too busy with other activities. Beneficiaries of a trust can sometimes act irrationally and unreasonably, or be excessively demanding in their requests for funds. A trustee of the trust is sometimes asked to do the impossible, and then faulted if it doesn't happen.

If you believe that you have not received correct amount of funds and assets of a trust, you need to take immediate action. There are statutes of limitations that provide a limited time in which to file a lawsuit to protect your rights.

If you are nominated to be the trustee of a trust, then you may need the assistance of an attorney to assure that you fulfill your trustee obligations under Idaho law.

Trustees have a great deal of responsibility, and if they are uncooperative, fail to communicate or improperly invest or handle funds, then they are not fulfilling their fiduciary duty to the beneficiaries of the trust. Sometimes trustees refuse to provide an accounting of the money and property in a trust. They may have made unwise investments of trust funds, or may have undertaken to re-write the trust in their own favor. Trustees should manage a trust correctly under Idaho law. If they fail to do so, the beneficiaries should seek the services of an attorney to hold the trustee accountable.

Kootenai County attorney James Bendell is able to assist trustees in fulfilling their trust responsibilities under Idaho law. He can also provide advice and counsel to beneficiaries who may be concerned about a trustee's handling of their funds. His first goal will be to try to seek a quick and inexpensive resolution to disputes through negotiation. However, if the parties' positions are far apart, he will be prepared to file a lawsuit to vindicate the legal rights of his client.

If your trust case may end up in court, you should select an attorney with significant courtroom experience. James Bendell's three decades of trial experience includes working as a judge Pro Tem and Court Commissioner, giving him the ability to objectively evaluate the facts of your case and to forecast how those facts will be viewed by the judge or jury at trial.

For a free initial consultation about your case contact us.

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