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Which state to bring litigation for Trustee breach?

Honolulu, HI |

Trust was created in Hawaii. Trust is being administered in another state, not Hawaii. Trustee lives in the state the trust is being administered.

Beneficiaries live in different states, one being Hawaii and in the state the trust is being administered and in other states also.

Multiple properties are in Hawaii, in the state the trust is being administered and in other states also.

Grantor of the trust has passed.

Which state do you bring litigation against the Trustee for breach?

Attorney Answers 2

Posted

Do you have a copy of the document which created the trust? Many times, the trust document will establish the jurisdiction in which the trust is to be administered. It is also possible, however, that the document allows the Trustee to change the jurisdiction.

Your best bet is to retain a lawyer in Hawaii who can review this matter for you and determine whether the trust is subject to jurisdiction in your state. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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Asker

Posted

I found it in the trust document. Thank You!

Joseph Michael Pankowski Jr

Joseph Michael Pankowski Jr

Posted

You are most welcome.

Posted

I agree with my colleague. If you have the Trust document you should also see if there are any notice and alternative dispute resolution provisions contained in the document. Those provisions are often found near the choice of law clause and will likely give you guidance on where (and how to proceed).

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