question.jpgIn Trusts and Estates

What is the result of going to court to have a trust enforced?

When a lawsuit is filed seeking the enforcement of a trust, the outcome will obviously vary depending upon the specific facts of the case and the details of the trust itself. Generally, where a violation of the trust has not yet occurred, if the lawsuit is successful the court can issue an order requiring that the trust be carried out by its terms and issue an injunction stating that the improper actions cannot be taken.

Where the court finds that a violation has already occurred, the most typical result would be for the trustee to pay some sort of monetary damages. The amount of this money could be based on factors such as any value the trust property lost as a result of the violation, or any improper profits the trustee received. The court can also remove the trustee, and appoint someone else to hold legal title and manage the trust.