ESTATE DISPUTES AND WILL CONTESTS
Death is a stressful, emotional time, and inheritances sometimes come with unexpected emotional baggage. Families fight over family heirlooms, or over how things made them feel when tensions are high after the death of a loved one. While estate or “fiduciary” litigation can be hard on a family, sometimes it is necessary to force everyone to do the right thing. If everyone does not agree what should be done, then you are facing a “contested” probate estate.
Whether there’s a fight about who should be in charge or who should get what, if you have reason to believe that something’s not right with the estate of your loved one, you may have grounds to “contest,” or fight, what’s being done with your inheritance. Sometimes, it’s as simple as the person in charge doesn’t know how to properly handle an estate, and is avoiding the situation by refusing to communicate. Other times, your worst suspicions are confirmed: greed gets in the way of what’s right, clouding the judgment of someone your family member trusted with this very important job. Maybe the “executor” or “administrator” is using estate property as though it was his own, or has transferred property into her own name. Whatever the situation, there’s someone taking advantage of the estate, and ignoring the deceased person’s wishes. Action must be taken to stop this unethical behavior, and prevent a breach of fiduciary duty.
We recognize that estate disputes are disputes between family members. You may be concerned about keeping the peace, and preserving family harmony, while making sure that the wishes of your loved one are upheld. We can help you ask the right questions, and get the information you need for whatever path you decide to take to hold the “executor” or “administrator” accountable. We can peacefully negotiate a solution, gain leverage in negotiation or mediation, or use information to your advantage in settlement or litigation. We make sure things are being handled fairly. We get you the information you deserve. We protect your inheritance. We fight for what’s right.
If someone is taking unfair advantage of the estate, and you need answers, give me a call.
We also can help with trust litigation and trust disputes when there is a trust and something’s not being handled right.
