Traditionally, when one thinks about their trust and selecting a trustee, the job is thought of with respect and dignity. Selected trustees often feel honored and respected. However, what they don’t know is that the job of Trustee comes with a tremendous amount of duty, responsibility and obligation. After being saddled with the job of trustee, most of my clients want to…GIVE IT BACK!

My in-laws have decided that the bulk of their estate will go to several different charities. My husband, their only son, thinks that's fine since we are doing okay financially. However, I feel that the in-laws should leave most of their estate to our two kids. I have suggested to my husband that he discuss this with his parents, but he refuses. What else can be done besides sue once they are gone?t

No contest clauses served the function of “preventing” a beneficiary from challenging the contents of an estate planning document. Essentially, the no contest clause prevented a disgruntled beneficiary from telling a court that they were come how entitled to more than they were given, or that someone else was given too much, once you were gone.

Trust litigation is often necessary in order to protect a beneficiaries’ rights under a trust. While the word litigation often inspires certain unfavorable reactions, this does not always have to be the case. The definition of litigation is quite broad and can include many different aspects of beneficiary protection.