South Dakota Beneficiary Rights Lawyers
Litigation is an essential tool to ensure that trustees do not take advantage of trust beneficiaries or violate their rights. Our attorneys at Denevan Falon Law Firm Prof. LLC., have provided relentless advocacy to trustees for almost 50 years combined.
We proudly serve beneficiaries in Sioux Falls and throughout the state who believe a trustee has violated their rights or their legal duties to act in the beneficiary’s best interests. South Dakotans can count on our team’s tenacity and steadfast legal representation to make sure their rights are upheld and that no misconduct takes place.
What Rights Do Trust Beneficiaries Have?
Trust beneficiaries have numerous rights to ensure they understand the terms of the trust and to ensure the trustee is not engaging in nefarious conduct. Generally, beneficiaries have the right to:
- Request information about the trust
- Enforce the trust’s terms
- Hold the trustee responsible for their actions
- Receive distributions
- Petition the court
Beneficiaries who have their rights violated can take legal action against the trustee to make sure they are held accountable for their conduct and are no longer in a position to take advantage of others.
How Can Individuals Request A Trust Accounting?
One of the rights bestowed upon beneficiaries is the ability to request a trust accounting. To correctly ask for a trust accounting, beneficiaries must first send a written petition to the trustee. Trustees have an obligation to respond to the request in a timely manner.
If they do provide a sufficient response in time, beneficiaries can review the information to ensure its validity. If the trustee does not respond in time, beneficiaries must file a petition with the courts to secure the requested information.
What Can Individuals Do If The Trustee Is Not Acting In Their Best Interests?
Beneficiaries who believe their trustee is not acting in their best interests should first attempt to communicate with them. If nothing positive comes from that private conversation, requesting a trust accounting is the next step beneficiaries should take. If a solution seems attainable, attending mediation may be beneficial.
If none of these options produce any positive results, beneficiaries may want to speak with a trust litigation attorney. A legal professional can help file a petition for accounting or removal if the trustee does not comply. If the trustee is not responsive or is still engaging in misconduct, it is wise to consider filing a lawsuit.
Protecting Trust Beneficiaries With Pride And Compassion
When trustees do not act in accordance with their obligations, beneficiaries must take action. We can help beneficiaries exhaust their options and protect themselves. For experienced trust litigation representation, do not hesitate to email our office or call our staff at 605-800-8897.