A trustee, a type of fiduciary, is responsible for the general oversight of a trust, as well as for the distribution of a trust’s assets to its intended beneficiaries. Because trustees have substantial discretion and control over other’s assets, Georgia law imposes significant duties on trustees, including the duties of good faith, loyalty, accounting, oversight, investment obligations, administration, and distribution. Besides these legal duties, the trust instrument can further provide direction on how a trustee manages the trust.

For trustees, frivolous suits may arise although a trustee is acting well within the applicable duties and powers described in the law and trust. Because there is discretion and money involved, beneficiaries may not always agree with the type of investments, time of disbursements, accounting procedures utilized, or administrative decisions surrounding the trust - even if properly executed.

For beneficiaries, when the fiduciary duties provided by Georgia law or the trust are disregarded by the trustee, such as issues involving improper management, self-dealing, concealment, improper removal of trust assets, or failing to appropriately distribute the trust assets, trust beneficiaries often have claims against the trustee. In some cases, the wrongful distributions of property from the trust may be undone and the trustees may also subject themselves to personal liability.

The attorneys at O’Daniel McDonald are equipped with the skills and expertise to rigorously advocate for their clients and aggressively handle trust litigation.

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O'Daniel McDonald attorneys work with individuals to defend commercial and personal interests, protect and grow assets, and educate about legal rules and implications. We are committed to providing personalized service, candid legal advice and efficient counsel.

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