Trust Litigation Attorneys in Oklahoma

Trust Litigation

Trust dispute cases often involve complex legal and financial issues. On top of the legal complexities, family dynamics can add emotional sensitivities when you’re put in the position of administering a trust for family members. For these reasons, successful resolution of trust disputes requires a skilled, knowledgeable, and experienced legal team.

Ball Morse Lowe has extensive experience in all types of estate litigation, including trust disputes, will contests and probate litigation. This experience enables our attorneys to efficiently identify key legal issues in a trust dispute and apply the requisite resources toward resolving that dispute. We also have access to a network of accountants and financial professionals who provide advice and testimony in support of our clients' cases.

When you work with our Oklahoma trust litigation attorneys, you’ll have a dedicated team that’s committed to protecting your rights and achieving your goals, whether as the trustee administering a trust or as a beneficiary of a trust.

attorney shaking hands in meeting with client

Don’t Delay Trust Litigation

Whether you suspect a trust is not being properly administered or are a trustee dealing with a contentious beneficiary, when discussions are no longer productive, your best course of action is to talk to an attorney.

We’ll work with you to pursue your best interests, whether that involves settlement outside of court or even going to trial if needed. When you hire Ball Morse Lowe, you’re hiring an advocate who puts your objectives first.

Retain an Attorney

We start with a consultation to understand the situation you’re facing and how we can help. Once we’ve discussed and you’ve retained our services, you’ll be introduced to your legal team to begin building your case.

Case Evaluation

Once you’ve hired us, we’ll carefully review the trust documents, financial records, and communications to understand what led to the dispute. If you’re bringing the claim, we’ll prepare and file a petition outlining the issues and what relief you’re seeking. If you’re defending, we’ll respond to the petition, identify weaknesses in the opposing party’s case, and begin shaping your defense strategy.

Discovery

Both sides exchange information through discovery. This is where we gather the evidence — trust accountings, correspondence, financial statements, depositions, and expert opinions. If we’re prosecuting, we use this to prove a breach of duty or wrongdoing. If we’re defending, we focus on showing that your actions were proper and consistent with the trust’s terms and Oklahoma law.

Mediation or Trial Preparation

Many trust cases resolve before trial through negotiation or mediation. We’ll represent your interests in these discussions, aiming for a resolution that protects your position and avoids unnecessary cost. If settlement isn’t possible, we’ll prepare for trial — organizing evidence, preparing witnesses, and developing a clear presentation of your case before the judge.

Court Decision and Implementation

Once the court issues its decision, we handle the follow-up. That could mean enforcing a judgment, removing or defending a trustee, recovering damages, or ensuring compliance with the court’s orders. Whether you’re the plaintiff or the defendant, we stay with you through every step until the dispute is fully resolved and your rights are protected.

Trust Litigation Frequently Asked Questions

What is trust litigation?

Trust litigation occurs when disputes arise between trustees and beneficiaries of a trust. Sometimes this has to do with what information about the trust is being provided, or can involve the specific assets of the trust and how they’re being administered.

If you’re interested in learning more about trusts, we offer estate planning services in Oklahoma. You can learn more about trusts and wills and our experienced estate planning team here.

When is trust litigation needed? Generally, when discussions stop working. Trust litigation may be necessary when a trustee is accused of mismanaging or withholding trust assets, beneficiaries believe the trust was created under undue influence or fraud, there are disagreements over how to interpret the trust’s terms, or when a trustee refuses to provide information or an accounting.

Do I need an attorney for trust litigation? Yes. Trust litigation involves complex financial and legal issues. An experienced attorney can ensure deadlines are met, evidence is properly presented, and your rights as a trustee or beneficiary are fully protected.

What role do adoption attorneys play in facilitating communication? Yes. Trust litigation involves complex financial and legal issues. An experienced attorney can ensure deadlines are met, evidence is properly presented, and your rights as a trustee or beneficiary are fully protected.

Who can file a trust litigation case in Oklahoma? Any interested party can bring a trust action. This includes beneficiaries, trustees, or anyone whose rights or interests are directly affected by how the trust is being handled. However, courts have ruled that a trustee may not represent a trust in litigation and that they trust is required to have an attorney.

What role do creditors or outstanding debts play in trust litigation? A creditor can sue a trust to collect a debt but only to the extent that the trust or its assets are legally responsible for that obligation.

Where are trust cases filed in Oklahoma? Most trust disputes are filed in the District Court of the county where the trust is administered or where the trustee resides.

How long does trust litigation take? The timeline varies depending on complexity. Some cases settle within a few months through negotiation or mediation, while others—especially those involving large assets or contested issues—can take one to two years or more to resolve.

How much does trust litigation cost in Oklahoma?

This will depend on the complexity of the case and time involved by attorneys. Straightforward matters might cost several thousands of dollars, while contested cases with expert witnesses, depositions, or trial preparation can exceed tens of thousands.

Our policy at Ball Morse Lowe is to always disclose fees and what you can expect in terms of costs. We start with a retainer and then move into an hourly billing structure once the time allocated from the retainer is used.

Can trust disputes be settled without going to court? Yes. Many trust cases resolve through mediation or negotiated settlement before trial, and that is always something we explore for our clients.

What can the court do in a trust case?

An Oklahoma court can remove or replace a trustee, order a formal accounting, enforce or interpret trust terms, require repayment of losses (known as a surcharge), or modify or terminate the trust if necessary.

Trust Litigation Attorneys
in Oklahoma