ESTATE & TRUST LITIGATION
When conflicts arise as a result of lack of planning or due to planning that you believe to be incorrectly drafted, unduly influenced or legally ineffective, we can help. Our team regularly represents clients in litigating these issues and are able to draw on our extensive knowledge of the substantive law and unique procedures applicable to probate and trust disputes to prevail in your case.
ESTATE & TRUST LITIGATION
Losing a family member or a loved one is difficult. Unfortunately, after someone passes, emotions can run high and disputes associated with the estate plan (or lack of) tend to arise among surviving family members creating an added layer of stress during what is already an emotionally-charged situation. While the litigation process to resolve these disputes can be complex, the attorneys at King Hall are able to guide you through every step. We know that matters associated with estate litigation are personal and we work diligently on your behalf to resolve matters in your favor. Our team will conduct a thorough preparation plan, provide meticulous case management, and build strong, persuasive arguments.
Many estate planning law firms will take on estate litigation cases without any significant courtroom experience litigating the issues that often occur during probate or trust litigation. Our attorneys’ comprehensive knowledge and experience in estate planning, administration and litigation gives us a unique advantage over traditional general litigation attorneys. We are able to draw on our knowledge of the substantive law and unique procedures applicable to probate and trust disputes
If you are involved in an estate dispute, make sure you have an experienced estate litigation attorney to advocate on your behalf. Also, please contact one of our attorneys quickly as some of the potential estate disputes have accelerated timelines within which they must be filed.
Our attorneys have significant experience litigating the following:
And other fiduciary relationships
COMMON CAUSES OF ESTATE LITIGATION
Duress
When a person is forced to change the terms of their will against their wishes as a result of violence or threat.
Fraud & Undue Influence
Efforts made to change any part of someone’s plan behind their back or against their wishes are considered estate fraud. Fraud can include but isn’t limited to: forged signatures, executors making false claims about the documents, and former will submissions (submitting an old version of the document on purpose).
Undue influence is when someone is not in a position to understand what’s going on and is manipulated, and someone manipulates them into changing their plans to benefit the undue influencer.
For example, take a person with late-stage Alzheimer’s that can barely recognize their own family – if someone were to coerce them into signing all of their assets over to them in this state, that is a significant factor in demonstrating undue influence has occurred.
Improper Execution
Wills and trusts must be signed and witnessed properly in order to be valid, and the rules about what’s “proper” can vary by jurisdiction.
In some situations signing your nickname will pass in court, but other times it will not. Sometimes you can sign at the top of the page and that’s fine, but other times it’s not.
People sometimes execute documents when they lack sufficient mental capacity to execute the document, that is they did not understand what they were signed at the time. Sometimes you may find out that the signer wasn’t in the right mental state to make that sort of decision, and the document won’t hold up in court.
Challenges by Beneficiaries
In some cases, a beneficiary who thinks they didn’t get their fair share may attempt to change the terms of someone’s plan.
In situations where a personal representative has squandered someone’s hard-earned assets, failed to file an accurate inventory of their estate or the like, they can be removed and a new representative can be appointed to restore the plan.
It’s not uncommon for typos and unclear phrasing to make their way into your will, trust, or estate plan, and it can cause confusion. Sometimes they only way to correct these issues is to file for clarification by the court.
Our team understands the emotional distress that these situations can cause and can be trusted to provide the guidance, support and counsel you need to effectively litigate your case.
CASE RESULTS
The attorneys at King Hall successfully challenged the conduct of a trustee who refused to make any distributions for the beneficiary.
The attorneys at King Hall successfully overcame a challenge by co-trustees and beneficiaries alleging improper conduct by our client.
The attorneys at King Hall successfully prosecuted a caveat against a sibling who admitted a will that he had changed after their mother had passed away.
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