We will support you through every stage of the litigation process.
Trust & Estate Litigation
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At Business Estate & Tax Attorneys, P.C. we understand the unique demands of dispute resolution when it comes to trust and estate litigation. We represent not only you but also your corporation and individual trustees, executors, personal representatives, guardians, other fiduciaries, as well as beneficiaries, and additional interested parties. Our experienced litigation team assists clients in prosecuting and defending claims for trust accountings, elder financial abuse, will contests, and trustee theft.
There are many reasons why a trust may cause conflict.
Typically, trust disputes arise when trustees breach their fiduciary duty. Trustees have two major responsibilities:
- Act in the beneficiaries’ best interests
- Protect the trust assets
Conflict arises, then, if:
- Trustees use the trust to further their own interests
- Trustees act against the interests of the beneficiaries
- There’s evidence of misappropriation or mismanagement of trust assets
- It’s uncertain whether the trust grantor was of sound and clear mind when the trust was created
Estate disputes are slightly different, but no less complicated. The executor, who is in charge of managing a deceased person’s estate, must settle the estate as quickly as possible and abide by the terms of the will. Disputes occur when:
- Others dispute the will’s validity
- The executor mishandles the estate, causing delays
- Beneficiaries are unhappy with the will’s terms
In our experience, most trusts and estates are managed properly without any issues. However, given how complex estate and trust administration can be, it’s unsurprising that disputes occur. When a serious issue arises, litigation may be the best option for you, whether you’re a beneficiary, a trustee, or executor. Here’s what you need to know about trust and estate litigation and how we can support you.
As skilled litigators, we will aggressively defend your position and resolve matters as swiftly as possible. We have the experience and legal knowledge to handle even the most complex trust and estate disputes, and we can help you:
- Prosecute or defend a trust contest
- Handle financial or elder abuse claims
- Raise or challenge restraining orders
- Object to trust fiduciary accounting disputes
- Handle no-contest clause litigation
- Raise “850 Petitions“ – petitions to return property wrongfully taken from or by a trust or estate
- Start “Heggstad Petitions” – transferring assets into a trust if they were accidentally excluded
WHEN LITIGATION IS NECESSARY
Although many trust and estate disputes can be resolved quickly without the need for formal processes, litigation is sometimes the only way to properly protect someone’s position. Whether you’re an executor, a trustee, or a beneficiary, trust and estate litigation is necessary if:
- Serious allegations are made, covering undue influence, coercion, or elder abuse claims
- There are any questions of fraud or misappropriation of funds
- The individuals can’t resolve matters informally between themselves
Whatever the dispute, we recommend that you immediately consult with an experienced trust and estate attorney.