Established Norman Law Firm Providing Skilled & Personal Legal Counsel

Norman Trust Lawyers

Handling Trust Contests & Breaches of Trust

A trust is an arrangement that instructs another person (your trustee) to take care of your finances and property. Rick Dane Moore and Associates Law Firm has over 35 years’ experience and has litigated many trust contests and cases where a trustee acted inappropriately. You can count on our trust lawyers in Norman to provide you with the effective legal services you need and deserve.

What is Breach of Trust?

Breach of trust is when one party, usually the appointed trustee, is acting in a way that goes against the terms of the trust or against the Oklahoma Trust Act. Some examples of breaches of trust include selling trust property but not putting the money back into the trust, selling trust property on purpose for a value less than its appraised value, using money from the trust for the trustee’s own benefit, taking money out of trust funds without the permission of the beneficiary or trust creator, and failing to provide for the care of beneficiaries or trust creator.

Under Oklahoma law, trustees also have a duty to account to the trust creator and to beneficiaries of the trust, and failing to account for money spent or used or invested is considered a breach of trust. If a trustee is found in breach of trust, their power as trustee will be revoked and they will often also be required to pay back any money that they took or that was lost from the trust as the result of their actions.

What Should I Do to Prepare for an Appointment?

First, it is important to get together all former versions of any trust documents and the most current versions available. Also, please bring any medical records because they are important in determining the trust creator’s mental and emotional ability to make a valid trust. You will need to bring all of these things with you to your first meeting with us at our office. This is often the issue in most contested trust cases: Did this person have the ability to make a trust and should the trust have been in effect at the time? Medical records and copies of the previous versions of the trust help us and the court to determine this. If you have records that you can use to prove a trustee’s breach of trust by using the money for their own good instead of the good of the trust, or by selling property that they weren’t allowed to sell, then bring those documents to your meeting with us as well.

You should also write a brief narrative describing who, what, when, where and why things happened. Take your time and use as many details as you can remember. Include the names of any witnesses you can remember and their contact information if you have it. This will help frame the theory of the case and will help your lawyer save you time and money in legal fees. It will also give us a place to start in explaining your options to you and in deciding how to go forward with your claim. There are different remedies available for breaches of trust or for contesting a trust, and we will need as much information as possible so that we can explain your best options to you.

We understand that dealing with a court case is the last thing you want to do and we will work hard to relieve as much of the stress as we can, as well as fighting for results that are fair. We are dedicated to ensuring that the trust creator’s true intentions are followed and to making sure that the trustee who was appointed is following the law and the intention of the trust creator in taking care of the people who were meant to benefit from the trust.

Why Should I Hire Your Firm?

Trust documents are often long and complex, and the law on trusts is sometimes difficult to understand. We have over 35 years of experience in reviewing and enforcing trusts and in overseeing or reviewing the actions of trustees to be sure that they are acting in the way they are required by law to act.

Every attorney in our firm is a lawyer licensed by the Oklahoma State Bar Association. We work together so when you hire our firm, you get a whole legal team, not just one attorney representing you. This helps us to be sure that our work is of the highest quality, but also keeps costs down because working together ensures that we don’t have to redo our work.

We offer a free 15-minute telephone consultation with one of our attorneys. When you consult with our attorneys, we will be able to answer your questions and let you know what we can do to help you move forward with your dispute. Once you hire our firm, we will need to review the Trust documents and other supporting documents in order to understand what the Trust creator intended and help you move forward.

Contact our experienced trust attorneys in Norman for help with handling your trust contest or breach of trust case at (405) 703-6552.

“Not only were they very professional but, they were quick with results. I am very satisfied.”

- Kori
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Dedicated Legal Representation

Guiding Families & Businesses Through the Legal System
  • Attorneys with 35+ Years of Combined Experience

    At Rick Dane Moore and Associates Law Firm, P.L.L.C., we are focused on providing smart and skilled legal counsel.

  • Free Phone Consultations Available to Our Clients

    To help you and our firm have a better idea of what legal options might be the best for you, we offer free consultations.

  • Certified to Practice Before Multiple Tribal Courts

    Along with our multiple bar admissions in Oklahoma and the U.S., we could represent you in tribal courts.