Trust Litigation

When a loved one passes away, navigating complicated legal matters is often the last thing you want to face. An experienced trust litigation attorney can ease that stress and guide you toward a positive outcome in your trust dispute.

Whether you are a trustee, beneficiary, or heir, the attorneys at Holloway and Kimberlin, LLP

are committed to protecting your rights and resolving trust-related conflicts efficiently. Our team

handles multiple trust administration and litigation issues, including will contests, trustee

removal actions, and more. Contact us today to schedule a free consultation.

Definition

What is trust litigation?

To understand trust litigation, it is helpful to first understand what a trust is and how it functions.

A trust is established by an individual (the trustor) who transfers assets to a trusted person or

organization (the trustee) to manage those assets for the benefit of specified individuals or

entities (the beneficiaries). Unlike wills, trusts are generally private and are not subject to

probate, meaning they are not automatically overseen by the court.

Courts typically become involved only when disputes arise regarding the terms, administration,

or validity of a trust.

Trust litigation is a broad term that refers to any legal action involving a trust that must be

resolved through the court system.

Guidance for Trustees

Serving as a trustee carries significant legal and fiduciary responsibilities, particularly for

successor trustees who step into the role after the trustor—the individual who created the

trust—has passed away or become incapacitated. From locating and reviewing the trust

document to identifying assets, addressing outstanding debts, and meeting obligations to

beneficiaries, the process can quickly become complex and overwhelming.

Working with an experienced trust attorney can help trustees navigate disputes, avoid costly

errors, and confidently manage each phase of trust administration. At Holloway & Kimberlin,

LLP we provide guidance designed to keep the process organized, compliant, and efficient.

Below are several ways trustees may benefit from the support of a trust litigation lawyer:

● Collecting and organizing key documents, such as trust agreements, death certificates,

deeds, and asset valuations

● Analyzing and complying with the trust’s provisions

● Identifying and cataloging trust assets

● Overseeing and protecting trust property

● Carrying out proper and timely distributions to beneficiaries