Trust and Estates

Trust & Estates Litigation Attorneys

Our trust and estate attorneys know that outlining the details of post-life wishes can be overwhelming, but require an uncompromising approach to getting it right.

When someone creates a Will and/or establishes a trust for their estate, they are protecting their assets and helping ensure their loved ones’ futures are not compromised by unnecessary delays or increased expenses incurred through their heirship.

Unfortunately, there are often disputes to these complex estate planning contracts and agreements that must be settled through negotiations, settlements, or litigation.

Our experienced trust and estate lawyers will walk you through the legal process while protecting your rights and best interests from family members, coexecutors, beneficiaries, corporate entities, or financial institutions’ disputes or challenges.

How Can Someone Contest a Will?

A person’s Will is a legal document that details how the person’s assets and properties should be divided upon their death.

The document names an executor of the estate, which can be a person or a corporate entity like a trust company, bank, or a combination of each.

Wills may designate many directives including how property is divided, but also names organizations, charities, or professional associations that will receive assets, and may appoint a personal guardian to serve as a caregiver to a minor child or adult child with special needs.

Numerous important factors can be included in a Will, but because of the personal nature of the document, it often exacerbates already existing complications among family members.

That is typically when the Will is contested or disputed for one of the following reasons:

• Undue Influence

Undue influence is a claim that the testator the person who wrote the Will was being controlled by persuasion, pressure, and outside influences, which resulted in outlining their will to benefit the accused individual whose willpower influenced the details therein.

• Lack of Testamentary Capacity

In short, the lack of testamentary capacity means the person was not of sound mind when finalizing the details of the Will.

• Execution Formalities

When beneficiaries cannot contest the individual’s wishes, they may contest whether the Will was executed according to statutory formalities, including that the Will must be in writing, signed by the executor in the presence of two witnesses who must sign the Will in the presence of each other and the testator.

• Fraud

A will is void if it is procured through fraud by false representations of material facts or knowledge by the perpetrator that the representations are false.

If you believe you have a valid reason to contest your loved one’s Will, contact our experienced trust and estate attorneys today to discuss the details of your claim.

How Can Someone Contest a Trust?

When someone takes the time to outline their wishes through a trust, there are many moving parts to the asset and property distribution process.

And, often, the surviving members named in the trust may not agree on the terms or the handling of the details by those who were placed in charge of the trust’s care. 

Our trust litigation attorneys handle estate and trust disputes between:

• Beneficiaries
• Creditors
• Executors
• Heirs
• Trustees

Our skilled attorneys help identify the validity of disagreements in trust litigation cases quickly, which may include:

• Disputes between Co-Trustees
• Breach of Fiduciary Duty
• Petitions for Instructions
• Disputed Trust Accounting
• Trustee Removal

The trustee has the powers of administration of trust and estates with the legal obligation to:

• Administer the Trust According to its Terms
• Fully Account for the Trust
• Supply the Trust Terms Upon Request
• Provide Information to Beneficiaries
• Diversify the Trust
• Invest and Make Property Productive
• Review Investments and Develop Ongoing Strategies
• Dispose of Unproductive Assets
• Avoid Self-dealing and Conflicts

Trustees must consider the beneficiaries’ needs and fully oversee their duties loyally, impartially, and confidentially.

When the trustee does not, and any of these areas are breached, they must be held responsible, and our experienced trust and estate attorneys can help ensure their actions do not go legally uncontested.

Contact Our Skilled Trust & Estates Attorneys for a Free Case Evaluation Today

If you are disputing the details, administration, or duties of a Will, estate, or trust and are seeking legal solutions, contact our experienced attorneys today by calling (786) 706-9228 to determine the best way to proceed by partnering with our experienced lawyers who customize legal solutions for each unique client we represent.