Beneficiary Representation

Catalyst is experienced in helping to protect beneficiaries’ interests and rights under Wills, trust instruments, and the laws of intestacy. For example, we routinely represent beneficiaries in proceedings to compel a fiduciary to account. Beneficiaries are entitled to certain information regarding the administration of the estate or trust, including an annual report that provides a full account of the trust’s financial activity, such as profits, expenses, and any losses from investment. The failure to provide a beneficiary with this information may be a breach of fiduciary duty.

Other breaches occur when a fiduciary fails to properly administer the estate or trust assets, which can include making improper investments, such as failing to diversify trust assets or investing assets in risky ventures.

We also represent beneficiaries in the following types of proceedings to:

  • compel personal representatives and trustees to turn over assets or make timely distributions;
  • remove personal representatives and trustees for breaching the duty of loyalty and trust;
  • surcharge personal representatives and trustees for breach of fiduciary duty; and
  • vacate or set aside a trust or Will based on undue influence, fraud, incapacity, and/or duress.

To remedy or prevent a breach of fiduciary duty, a court may compel the fiduciary to take action, such as making payments or restoring property, or restrain the fiduciary from engaging in harmful conduct.  Catalyst routinely assists beneficiaries in determining their rights vis a vis fiduciary action and/or inaction.

Proceedings to enforce a beneficiary’s rights involve specific deadlines and notice requirements.  Catalyst attorneys are well-versed in this area to prepare the requisite documents and track deadlines imposed by statute.

We welcome inquiries regarding our services.  Please call 503-207-1711 or contact us online to schedule a Complimentary 15-Minute Case Evaluation to learn more about beneficiary representation.

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