What it Means to Docket a Trust and When it Should be Executed
To docket a trust places a legal case involving its administration under a court’s review. This may be a temporary or ongoing status for the trust. People have the option to establish a trust that will operate under a court’s continuous jurisdiction. However, most trusts only get docketed when a dispute has escalated to the courtroom. Beneficiaries may take this action when they have reason to believe that trustees are not administering trusts according to their written terms. After docketing a trust, a judge will decide the issue and potentially force a trustee to comply or replace a trustee depending on the circumstances. The decision to docket a trust is usually made in consultation with an Indiana lawyer.
Talk to the Trustee
Although many people naturally strive to avoid uncomfortable conversations, they are often the quickest way to solve a problem. A frank conversation about your concerns with the trustee could help you understand each other’s perspectives and arrive at an agreement.
Get a Legal Opinion
If objections persist between you and the trustee, an evaluation of the situation by an Indiana trust lawyer would be appropriate. Someone with knowledge of estate planning in Indiana can study the terms of the trust and research your legal standing. Upon establishing your legal basis for correcting a trustee’s administration, a lawyer can write the trustee a letter explaining how to correct administration to align with the trust’s directives.
Replace the Trustee
Some trusts outline the process for replacing a trustee. An attorney can assist with initiating that process if outreach efforts have failed to settle the dispute.
Going to Court
You may choose to docket a trust when a trustee is unwilling to comply with a trust’s terms or step aside. Your legal complaint will detail the trustee’s failings. A judge will then make a ruling on how to interpret the trust’s terms and order any necessary adjustments or remedies.
Guidance During an Estate Dispute
At Webster & Garino LLC, we can answer your questions about estate planning and trust litigation in Indiana and recommend strategies for settling disputes. Call our office at (317) 565-1818 to schedule an appointment with an estate planning attorney.