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Trust Petitions
Taking Legal Action to Protect Your Rights
When issues arise in the administration or interpretation of a trust, it may be necessary to involve the court through a formal legal process known as a trust petition. At Burrey Law Group, Inc., we represent trustees, beneficiaries, and other interested parties in filing and responding to trust petitions in order to clarify rights, resolve disputes, or ensure the proper administration of a trust.
Whether you need the court to interpret a trust clause, remove a trustee, or compel an accounting, we guide you through every step of the process with clarity and professionalism.
What Is a Trust Petition?
A trust petition is a formal request filed with the probate court to address a specific issue involving a trust. Trust petitions are often used when communication breaks down, a legal question arises, or someone is not fulfilling their duties under the trust.
Common types of trust petitions include:
Petition to remove or replace a trustee
Petition to compel a trust accounting
Petition to interpret ambiguous trust terms
Petition to confirm or transfer trust property
Petition to modify or terminate a trust
When Is a Trust Petition Necessary?
Trust petitions are typically filed when:
- A trustee refuses to act or delays the administration
- A beneficiary is denied information or distributions
- Disagreements arise over the meaning of the trust
- There is suspected wrongdoing, fraud, or breach of duty
Trust petitions help ensure that all parties are held accountable and that the trust is carried out as intended. They also provide a clear legal path when other forms of resolution have failed.
How We Help
At Burrey Law Group, we have extensive experience handling trust petitions from both sides of the courtroom. Whether you’re initiating a petition or responding to one, we provide:
- Case evaluation and legal strategy
- Petition drafting and filing
- Representation in hearings and negotiations
- Guidance through the probate court process
We work with trustees who need court approval to move forward and with beneficiaries seeking transparency or fairness. No matter your role, we offer steady, experienced advocacy.
Illustrative Example
Imagine this scenario: A beneficiary has been waiting months for updates from the trustee—no distributions, no accountings, and no response to inquiries. With growing concern, they contact a legal team to intervene.
In a case like this, the attorney may file a trust petition to compel the trustee to act, provide financial transparency, or even seek court approval for necessary actions. Trust petitions help enforce accountability and ensure the trust is administered as intended.
Do I need an attorney to file a trust petition?
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While it is possible to file on your own, trust petitions involve legal procedure and court rules. Working with an attorney helps ensure your petition is properly filed and supported.
How long does a trust petition take?
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It depends on the complexity of the issue, court availability, and whether the petition is contested. Some matters are resolved in weeks, while others may take several months.
Can a trust petition stop a trustee from taking further action?
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In some cases, yes. The court may issue temporary orders to prevent further harm or mismanagement while the case is pending.
What happens if the trustee ignores the court's order?
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Failing to comply with a court order can lead to sanctions, removal of the trustee, or other penalties.
Is a trust petition the same as a trust contest?
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No. A trust contest challenges the validity of the trust itself, while a trust petition typically involves the administration or enforcement of an existing trust.
Frequently Asked Questions
Some of your burning questions have been answered.
Get in touch Strategic Legal Support When You Need It Most
Trust petitions are a powerful tool for protecting your rights and preserving the integrity of a trust. If you’re facing an issue that requires court involvement, Burrey Law Group, Inc. is here to help you take the next step with clarity and confidence.
Contact us today to schedule a consultation and learn more about how we can assist with your trust petition.