Probate and Trust Litigation Attorney
Thursday, 20 November 2014
Friday, 7 March 2014
What is Probate and Trust Litigation?
The
administration of an estate can be a stressful period – assets must be
collected and managed, taxes paid, debts settled, and the remaining assets
distributed as directed by the deceased through the provisions of a will or
trust. Not only can an estate administration take months or even years to
resolve, but the process can also evoke strong feelings of mistrust, jealousy,
and even anger. Not surprisingly, disputes between parties regarding an estate
are common, and frequently lead to the need for litigation.
Handling Disputes After Death
Probate and trust litigation involves
disputes related to a trust or estate. Trusts are fiduciary arrangements
managed by a third party, or trustee,
who holds assets for a beneficiary according to the terms that are set by the
trust. Trusts are often created for the purpose of avoiding probate, such that
the assets held in trust can be distributed more quickly and with fewer
complications than assets that are transferred according to the terms of a
will. Nonetheless, trusts are not immune to legal challenges. Some common
issues in trust litigation concern issues with a trustee’s breach of duty to a
beneficiary, petitions to remove a trustee, disputes surrounding the
interpretation of provisions in a trust, and even issues regarding the validity
of the trust, such as whether the trust accurately reflects the intent of the
person who created the trust.
Probate
litigation, on the other hand, involves the contesting of a will, rather than a
trust. A will specifies who the beneficiaries are and how the assets of the
deceased are to be distributed between those beneficiaries. Wills can be
contested on a variety of grounds during litigation, including claims of undue
influence or fraud on the testator (the person who writes the will), challenges
to the testamentary capacity of the testator to sign a will, challenges by
disinherited heirs at law, and claims by third parties (such as creditors)
against the estate.
Probate
and trust litigation is not required to take place in a court. Sometimes,
disputes can be settled via alternative dispute resolution in the form of
negotiation directly between the parties or through the use of a mediator or
arbitrator.
Protect Your Legal Rights
Probate
and trust litigation requires knowledge of multiple areas of law, including
(but not always limited to) tax, real estate, bankruptcy, and family law. An
attorney may need to be able to determine which trust assets may be exempt from
seizure during a bankruptcy. An attorney might also need to understand how
trust arrangements can reduce estate taxes. These are only a few examples of
how other areas of law can play a role in probate and trust litigation.
At
the Law Firm of Peter M. Feaman, P.A., we have the experience and skills needed
to handle issues that may arise in trust and probate litigation. If you are
searching for a well-informed attorneyin the Boynton Beach or West Palm Beach area, contact
us at (561) 734-5552 for a free consultation to see how we can help you.
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