Baton Rouge Trusts Lawyer

Trusts Attorney in Baton Rouge, LA

When facing trust & estate litigation, it is critical to have a Baton Rouge trusts lawyer who understands trust & estate laws in order to effectively represent you. At the law office of Hymel Davis & Petersen, our practice was founded by three former federal prosecutors with over 100 years of combined experience and built to meet the needs of clients facing complex litigation. Our law office is AV-rated* under the Martindale-Hubbell peer review rating system.

Trust & estate litigation involves claims related to administration of a trust by a trustee and the administration of an estate by an executor. Such litigation may involve damage claims related to improper administration. These kinds of cases involve a specialized skillset. Our office has the legal knowledge and resources necessary to provide strong representation for the most complex trust & estate litigation.

Contact the Law Office of Hymel Davis & Petersen: 225-298-8118

To schedule your free initial consultation with a Baton Rouge, Louisiana, trust & estate lawyer, call us or contact us online.

What Are the Signs of Trustee Misconduct?

If a trustee is doing something wrong, they’re obviously not going to mention it outright. However, there are some behavior patterns that can alert you to wrongdoing. Some signs include:

• Lack of transparency. A trustee needs to give constant updates on what they are doing with the estate and willingly create documents showing this in writing. If these documents are late or missing entirely, it could be simple disorganization or an attempt to hide something. It’s important to know the costs of managing the estate. In Baton Rouge, this includes paying monthly owner costs of $1,608 on average.
• Unexplained drops in trust value. The median value of a home in Baton Rouge in 2023 was $224,500. If a trust includes things like real estate but falls below this amount in value over time, this could point to a misuse of funds. Consistent losses that cannot be explained through financial records need to be closely examined.
• Not following trust terms. There are usually detailed rules a trustee must follow regarding reporting deadlines or distributions. If their actions don’t match what the trust says, it could count as a breach.
• Mixing trust and personal funds. Taking trust funds for personal use is not only unethical, it’s also illegal. This can be done if a trustee uses money for themselves or even combines it with their own money. Courts take this behavior seriously and issue severe penalties for trust fraud.
• Lack of communication. A trustee should be able to explain the reasoning behind their decisions. If they’re not able to do this or are not openly communicating with the beneficiaries or their relatives, this could be an issue. Actions such as dodging attempted communication through calls or emails, or acting hostile when questioned, can be suspicious.

In the 2018 tax year, the IRS reported 3.07 million Form 1041 returns for domestic estates and trusts. Even though there are a lot of trusts being managed, it’s just as important that the people managing them are able to work for you.

What Can a Claim Accomplish?

Most importantly, a fiduciary litigation claim in Baton Rouge can stop any bad behavior from a trustee. A claim might also be able to address harm retroactively by utilizing restitution. These claims can help the beneficiaries appoint a new trustee with the help of the court to protect the trust and its future.

Claims focus on recovery and accountability, so you don’t have to wait to file until the trust has already collapsed. Filing can prevent more loss and might even recover some of the missing assets.

There are different levels of severity the court can use when punishing a wayward trustee. The level they use depends on what the trustee did and how much damage they caused. If they are still currently managing the trust, the court has the power to freeze any activity within the trust while they investigate to prevent any more damage.

Next Steps for Beneficiaries or Co-trustees

One of the most important parts of a trust claim is evidence. Any documents related to the trust, including financial reports and emails, are important to gather while they are still available. Once this evidence is collected, it can be helpful to contact an attorney to review the situation.

An experienced attorney can thoroughly review all the evidence you gathered and figure out whether or not you have a valid claim to prevent wasting time and money. If the claim is valid, it’s important to act fast to protect the trust as much as possible.

Beneficiaries are the most common group to file claims when trustees go off course, but others can file, too. If someone is named in the trust or might receive assets from it, they can also file the claim.

FAQs

Baton Rouge Trust Law Firm – Hymel Davis & Petersen

Trustees acting against the interests of the beneficiaries is more than just a financial setback; it’s also a betrayal of trust. Filing a legal claim can help set things right again. Working with a skilled trusts attorney can help you in your search for justice. Schedule a consultation with Hymel Davis & Petersen for help with filing a claim.