Trust Modification And Litigation
The Law Office of Denise D. Nordheimer, Esquire, LLC, continues to be there for you after you create a trust. This includes situations where trusts require modification or a dispute arises due to trustee actions.
When To Modify A Trust
When circumstances change, you may need to modify (or “decant”) a trust document. For example, the duties of a trustee may be too burdensome and you need to change the trust. In other instances, the trust as created fails to meet the needs of the beneficiaries. As certain trusts may be impossible to modify without court approval, it’s always best to consult with knowledgeable trust modification lawyers before making any efforts to change the trust document.
The attorneys at The Law Office of Denise D. Nordheimer, Esquire, LLC, go above and beyond in coordinating all parties to work together during the trust modification process, whether through court proceedings or a nonjudicial settlement agreement. We shall keep you informed about the status of your case and provide guidance on what is the best course of action. By keeping our caseload manageable, we can focus our attention on every detail of your trust and circumstances.
Breaches Of Fiduciary Duty
A fiduciary is someone who owes a duty to act on behalf of another person, such as an executor, a trustee or another agent. Sometimes a breach of fiduciary duty occurs when the fiduciary places his or her interest above the person the fiduciary is obliged to care for.
While the law holds fiduciaries to an extremely high standard, proper administration does not always take place. Fiduciaries must closely monitor investments and disbursements. A fiduciary may breach his or her duty if no proper accounting takes place, taxes are not paid or there is needless diminishment of trust assets. These issues can lead to serious disputes between beneficiaries and trustees, which can result in litigation.
Denise D. Nordheimer regularly represents parties on all sides involving fiduciary litigation in the Delaware Court of Chancery and Pennsylvania Orphan’s Court.