Estate & Trust Litigation
During the administration of an estate, trust or conservatorship, there are many situations that require the filing of a lawsuit or litigation to assert, defend or protect the rights of a party. These situations vary considerably depending on the party and the nature of the case.
Often, these cases involve disputes between beneficiaries and fiduciaries, such as:
- disagreements between the heirs and the personal representative, executor or administrator regarding the use, misuse, conversion, fraud or theft of money or assets;
- disputes between the surviving spouse and children concerning estate assets or property;
- disagreements about whether an asset or account is part of the estate;
- disputes regarding the operation or sale of a business after the owner’s death;
- issues regarding the transfer of assets under a power of attorney, joint accounts, payable on death provisions, beneficiary designations and property owned jointly with right of survivorship;
- claims of breach of fiduciary duty against a personal representative, trustee or conservator;
- the right to receive life insurance proceeds after the death of a family member or loved one;
- the partial or final settlement of an estate and the distribution of assets to the beneficiaries;
- refusal by a personal representative or trustee to provide an inventory or an accounting;
- the modification or termination of a revocable or irrevocable trust;
- a trustee’s refusal to pay money or make distributions to the beneficiaries;
- disputes between primary beneficiaries and remainder beneficiaries of a trust;
- debts of a decedent and claims against an estate, personal representative or trustee.
We have experience representing beneficiaries, fiduciaries, claimants and interested parties in estate and trust litigation, including matters involving complex accounting and fraud. Each matter is different, and often there is a significant amount of family history, emotional and non-financial aspects that must be considered.
In many of these disputes, the legal and factual issues can be intricate, requiring a careful review of probate statutes, wills, trust instruments, and other relevant documents. Early strategies may include negotiation, or proactive court filings to protect key rights. Whether you are an heir, beneficiary, or fiduciary, it is critical to understand your duties, potential liability, and deadlines to ensure the estate or trust is properly administered and that your interests are adequately protected.
If you have an estate or trust litigation issue, contact us or give us a call at (205) 324-4400.
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