Trust Administration & Litigation
Protecting Trustees and Beneficiaries in Durango & Southwest Colorado
Colorado Trust Litigation
Trusts are wonderful estate planning techniques because, depending on the type of trust used, trusts can reduce estate taxes, protect assets from the creditors of the beneficiaries, ensure proper investment and management of assets, and reduce income taxes under certain circumstances.
The attorneys at the Soignier Law Firm represent trustees on numerous trusts in fulfilling their fiduciary and administrative duties to the beneficiaries. We also serve as the trustees on trusts for a select number of our clients.
When a trustee's duties of honesty, prudence, and loyalty are violated, a bequest may be put in jeopardy. Amos L. Soignier can represent beneficiaries and trustees with a range of trust issues and claims.
Failure to Make Distributions
Representing beneficiaries when trustees fail to make proper and timely distributions as required by the trust instrument.
Improper Investments & Self-Dealing
Holding trustees accountable for improper investment decisions and self-dealing transactions that harm the trust and its beneficiaries.
Excessive Trustee Compensation
Challenging cases where trustees have taken compensation beyond what is reasonable and customary for the administration of the trust.
Our Trust Litigation Process
A Clear Path to Protecting Your Interests
We conduct a thorough review of the trust instrument, fiduciary actions, and potential breaches to determine the strength of your claim.
Our team examines trust documents, financial records, and investment decisions to build a comprehensive understanding of the case.
We pursue resolution through negotiation and mediation when possible, seeking favorable outcomes without the time and expense of litigation.
If necessary, we provide aggressive courtroom representation to protect your rights and hold trustees accountable for breaches of fiduciary duty.
Trust Litigation Frequently Asked Questions
Common Questions About Trust Disputes in Colorado
What is a breach of fiduciary duty in a trust?
A breach of fiduciary duty occurs when a trustee fails to act in the best interests of beneficiaries, mismanages trust assets, self-deals, fails to make proper distributions, or otherwise violates the terms of the trust or Colorado trust law. Common breaches include improper investments, excessive compensation, failure to account, and conflicts of interest.
How long do I have to bring a trust dispute claim in Colorado?
The statute of limitations for trust claims in Colorado varies depending on the type of claim. Generally, beneficiaries have three years from when they knew or should have known about the breach. However, some claims may have shorter or longer time frames. It's critical to consult with an attorney promptly to preserve your rights.
Can a trust be modified or reformed after the settlor has passed away?
Yes, Colorado law allows for trust reformation or modification in certain circumstances, such as when the trust contains a mistake, ambiguity, or needs updating to reflect the settlor's original intent. Courts can also modify trusts due to unanticipated circumstances or to achieve tax advantages that were part of the settlor's plan.
What happens if a trustee refuses to provide accountings to beneficiaries?
Beneficiaries have the legal right to receive regular accountings showing trust assets, income, expenses, and distributions. If a trustee refuses to provide this information, beneficiaries can petition the court to compel an accounting, and the trustee may face sanctions or removal for non-compliance.
How much does trust litigation cost?
Trust litigation costs vary widely depending on the complexity of the case, whether settlement is reached, and how much court involvement is required. We offer initial consultations to discuss your case and provide transparent fee structures. In some cases, attorney fees may be recoverable from the trust itself or the trustee personally if they breached their duties.
"Amos helped us navigate a complex trust dispute with professionalism and expertise. His knowledge of Colorado trust law and dedication to our case resulted in a fair settlement that honored my mother's original intentions.
" — Former Client, Durango
Questions About a Trust?
Whether you are a trustee with questions about administration or a beneficiary with concerns, The Soignier Law Firm can help.