The probate litigation division of Fausone and Grysko was confronted with a situation in which our client—who was a beneficiary of a trust—was frozen out by a family member who was serving as the acting trustee. The family member Trustee was not providing our client with any information as to the balance of the remaining assets of the trust and refused to provide an accounting of income and expenses for the Trust.

 Although the trustee provided our client with a meager partial distribution, the final distribution was dragging on and the trust was not being administered diligently. As it turned out, there was in excess of $650,000.00 remaining to be distributed. Unfortunately, the trustee failed to disclose the balance of assets.

 Our attorneys got involved and demanded an accounting from the trustee. After fair warning, the Firm filed a petition in probate court to remove the brother for breach of fiduciary duties, and we moved to have our client appointed trustee. We took an aggressive position at the initial hearing, and the wayward trustee decided to settle the case rather than fight a losing battle. Consequently, our client received an accounting as well as a substantial distribution from the trust. Attorney Kurt Olson was pleased to have helped his client achieve this result.

 Although our attorneys are always mindful of the prudence of good faith negotiations, sometimes litigation is necessary to achieve the client’s goals. Contact us at Fausone & Grysko to find out how one of our probate trial attorneys can help you. We also provide professional estate plans to help you and your family transition your estate while minimizing the chances of family infighting.