Probate and Trust Litigation

Unfortunately, once a loved one passes away things do not always go smoothly, and some beneficiaries are caught by surprise after learning that their family members wishes are not what they thought they were, resulting in Probate and Trust Litigation.  Probate and Trust Litigation is expansive and can cover large ranges of issues which arise after a loved one passes away.   These issues usually focus upon the alleged wrongful conduct of another beneficiary, fiduciary, or other person in a position of trust with the decedent.  Some examples of Probate and Trust Litigation are as follows:

Revocation of Probate: Decedent’s will be admitted into probate.  However, the will is challenged due to questions surrounding its validity, or some other concern.

Undue Influence: Effort to invalidate a will, trust or other document that was allegedly the result of undue influence, which is a form of fraud. Undue influence must amount to over persuasion, duress, force, coercion of artful or fraudulent contrivances.

Petition to Determine Beneficiaries/Heirs: Is an heir missing?  Are you claiming to be the child of decedent but have been omitted from the decedent’s intestate probate administration, while your other family members are included?

Reformation of Trusts– This involves requesting the court to reform or modify a trust due to a drafting mistake of a settlor or otherwise to comply with the settlor’s intent.

Removal of a fiduciary (Personal Representative, or Trustee): Sometimes a fiduciary fails to adhere to the statutory duties and/or terms of decedent’s trust/will.  In this event, the fiduciary could be sued for a breach or otherwise sought to be removed. Some examples of wrongful conduct include converting funds, mismanagement, self-dealing, refusal to act, and/or using trust property for their own personal benefit.

If you believe you are going through any of the above scenarios, allow our firm to evaluate your case and provide you with the most legally sound strategy to protect your rights.