Trust Disputes & Litigation Attorney
Head Murphy Law represents trustees, beneficiaries, and other interested parties in Michigan trust disputes from its Farmington Hills office. We handle trust contests, fiduciary breach claims, trustee removal matters, trust accountings, and disputes over trust distributions.
If you are involved in a trust dispute in Michigan, contact an experienced trust litigation attorney at Head Murphy Law now.. At Head Murphy Law, we understand that emotions can run high when there are disagreements with considerable financial implications. We also know you were probably hoping you could resolve the dispute amicably, and that the last thing you wanted was to involve a lawyer. But we want you to understand that help is at hand, and that we are prepared to do everything we can to secure a positive resolution to your trust dispute.
Let us be the supportive team you need on your side right now. Contact us today for your initial consultation with a knowledgeable trust disputes and litigation attorney in Farmington Hills.
Settlors, beneficiaries, and trustees often disagree about critical aspects of a trust, such as how to interpret the language of the trust document, the trustee’s management of the trust, or the distribution of principal and income from trust assets to beneficiaries. Sometimes these disagreements can be resolved through negotiations or mediation. Other times, however, they become intense enough that they escalate to litigation, meaning that one or more of the involved parties files suit against others. In such cases, the Michigan probate courts hear cases and issue judgments resolving the disputes.
Some trust documents contain a no-contest clause, under which a beneficiary forfeits their interest in the trust if they pursue legal action to challenge the trust’s validity or its administration. Courts typically enforce no-contest clauses unless they determine that a litigant had probable cause for filing litigation, meaning they had sufficient information at the beginning of the litigation to support a reasonable belief of a likelihood of success. Some trust disputes also overlap with broader probate litigation issues involving estates, fiduciaries, and estate administration.
At Head Murphy Law, our trusts lawyers can help you pursue a fair and favorable resolution to a legal dispute involving:
The litigation process begins when an interested party files a petition with the probate court in the county where the settlor created the trust or the county where the trustee administers the trust. For example, Farmington Hills is in Oakland County, so the petition could be filed at the county courthouse in Pontiac. A party must have standing to file a lawsuit over a trust dispute, meaning they must have a direct financial interest in the outcome of the litigation. Most trust lawsuits in this area are handled in probate court, even when the dispute centers on a trustee’s actions rather than the trust’s creation. Parties with standing typically include:
The litigation may then proceed to the discovery process, where parties request documents and information from one another and depose witnesses. During discovery, probate courts may require parties to engage in settlement negotiations or mediation before scheduling a trial. Ultimately, a judge will likely decide the case. The party that files suit bears the burden of proof. For some issues, a litigant may only need to prove their case by a preponderance of the evidence, while other issues may have a higher “clear and convincing” evidence standard.
After the probate court issues its opinion and judgment in a trust litigation, a party may ask the court to seal the record, which the court may grant if the party can demonstrate good cause. Trust disputes filed in Oakland County are generally handled through the Oakland County Probate Court.
Beneficiaries and other interested parties can seek various remedies through their trust litigation, including:
In trust litigation, courts may fashion remedies to preserve trust assets, protect beneficiaries, and carry out the settlor’s intentions.
What starts as simple disagreements or minor conflicts over the administration of a trust can quickly escalate into a more heated dispute that eventually leads to litigation. Because of this, it’s a good idea to contact a trust litigation attorney as soon as the initial disagreement arises. That way, you have as many options available to you as possible. Here are some signs that it might be time to contact our office in Farmington Hills:
Many types of trust disputes have strict deadlines for the filing of petitions with the probate court, which makes it all the more important to seek legal help promptly.
The outcome of a trust dispute or litigation can have serious financial implications, which is why your choice of legal counsel may be one of the most critical decisions you make in protecting your legal options in the dispute. Let a Farmington Hills, MI, trusts and estates attorney from the law firm of Head Murphy Law advocate for your rights because we offer:
Don’t make the mistake of waiting too long to get the legal help you need to resolve your trust dispute effectively, whether that’s through litigation or a different approach. Contact Head Murphy Law today for a free, confidential consultation with a Farmington Hills, MI, trust litigation lawyer, and let us provide you with the guidance you deserve.
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