Trust and Estate Dispute Resolution Act

The Trust and Estate Dispute Resolution Act ("TEDRA") was enacted in 1999. TEDRA is a set of procedures that applies to judicial and nonjudicial resolution of disputes involving all matters of wills, probate, power of attorneys and guardianship.  The purpose of TEDRA is  a statutory mechanism for the prompt resolution of disputes and other matters involving trusts and estates. The provisions are intended to provide for additional nonjudicial methods for the resolution of matters, such as mediation, arbitration, and agreement. Below are some of the examples of claims that can be brought under TEDRA: 

  • Will contests 
  • Trust challenges
  • Declaration of whether someone is or is not a beneficiary
  • Characterize property of a decedent 
  • To declare that a trust has become irrevocable 
  • Appointment or change of trustee
  • Breach of fiduciary duties
  • Removal of a personal represenative
  • Fiduciary instruction or review
  • Modification of trust language and terms
  • Changing the identity of a charitable beneficiary
  • Fiduciary accounting