San Mateo, CA estates & probate lawyer Jeffrey Loew talks about what common issues give rise to trust disputes and litigation. He explains that the most common trust disputes often arise when beneficiaries believe they should not have been excluded and subsequently contest the trust. These disputes typically follow rules similar to those governing will contests. In addition, trustees themselves may face litigation if beneficiaries feel the trustee has failed to perform their duties faithfully or in a timely manner. Allegations of favoritism—such as treating one beneficiary more favorably than another—are also a frequent source of conflict.

Disputes commonly occur when parents intend to leave a home to a particular beneficiary, but the trust fails to clearly address how such a transfer should occur. When the trust requires equal distribution among beneficiaries, disagreements over how to divide or handle the property often arise. These disputes are generally contrary to what the decedent would have wanted and could have been avoided with careful estate planning.

For this reason, the foundation of effective trust administration is a well-drafted estate plan. Equally important is that the trustee receive sound legal guidance from experienced estate planning attorneys. However, when disagreements cannot be resolved and disputes escalate, litigation becomes necessary. In such cases, the firm is fully prepared to intervene to protect its clients’ interests.