Estate & Trust Litigation

Estate & Trust Litigation

Estate and Trust Litigation

Alleged Improper Administration. If you are the trustee of a trust or the personal representative of a decedent's estate, you need legal advice and legal representation. The same is true if you are the beneficiary or otherwise are interested in an estate or a trust. Trustees without proper legal advice frequently breach their duties when they:

  • Fail to properly account to the beneficiaries;
  • Fail to properly marshal the assets;
  • Fail to properly manage the assets;
  • Fail to distribute the assets according to their instructions;
  • Misinterpret their duties under the governing instrument and under the law.

There exists a large body of estate and trust law governing the proper administration of estates and trusts. Fiduciaries who do not have proper legal advice often breach their duties under that body of law.

Will and Trust Contests; Will and Trust Interpretation. Sometimes there arises a question as to the validity of a will or trust.

  • Was it properly prepared?
  • Was the document executed with the formalities required by law?
  • Did the decedent possess sufficient capacity to sign the will or the trust?
  • Was the decedent under the undue influence of another when the document was signed?
  • Did someone wrongfully act to divert an expected inheritance from one person to another?
  • Is the document clear? Are you sure you can tell the decedent's intentions by reading the document?
  • Who are the true, intended beneficiaries?

We represent beneficiaries, trustees, personal representatives and others in all manner of litigation relating to will contests, trust contests, will interpretation and trust interpretation.