Practice

If you believe that the offered Will doesn’t accurately reflect the testator’s intent, or that the will is otherwise invalid, a Will challenge is in order. Once a formal objection to the validity of a will is made, then a Will Contest begins.

Whether you’re defending or challenging the validity of a will, typically the dispute is over undue influence, coercion or duress, lack of testamentary capacity, fraud, or forgery.

If someone submits an improper Will or false information with the intent to deceive the court, then they’ve committed probate fraud. Though it seems unlikely, it happens frequently. The probate process is complex, and probate fraud is difficult to prove without the proper expertise.

When an executor acts in their own best interest rather than in the interest of the deceased and their heirs, then they have breached their duty as an executor. If an executor has misappropriated money or assets from the estate, failed to respond to a beneficiary’s reasonable request, or ignored important deadlines, then they may have committed a Breach of Executor Duty.

Breach of Executive duty often calls for a Removal of Executor.

Depending on jurisdiction, the signing of Wills and Trusts are governed by specific rules. When a Will or Trust is not signed and witnessed correctly, it may be susceptible to an Improper Execution claim. Our industry is hyper technical, and even the slightest error or confusion can be detrimental to a document’s validity.

When a corporate or individual Trustee breaches their fiduciary duty, they have failed to act in the trust beneficiary’s best interest. A breach of fiduciary duty may not be as overt as a trustee taking money from a trust. Rather, a Trustee’s unwarranted favoring of one beneficiary over another, or even failing to pay the trust’s taxes are common examples of less malicious breaches of fiduciary duty. Depending on the circumstances, such breaches of fiduciary duty may be solved as easily as a judge's order to perform duties.

Though it’s most common for trust disputes to be centered around the mismanagement of a trust by a trustee, other issues arise. For instance, beneficiaries may disagree over the construction of a trust.

In many situations, the parties involved in a trust or estate dispute are open to mediation. Through the process of mediation, clients may be able to avoid the stress of drawn-out court battles, preserve family relationships, and save a significant amount of money. Should negotiations and mediation fail to produce the desired outcome, our legal team is more than prepared to take any case to trial.

Drafting wills, living trusts, powers of attorney, and advance directives.

Help reduce estate taxes.

Protecting certain assets from creditors

We handle life insurance matters and HIPAA releases.