Disputes Involving Probate Litigation
In a Probate Litigation case, a court may require a property to be returned to the estate. This is especially true if the estate had only minimal assets. An attorney may take a case on contingency if the assets are insufficient to pay for his services. The attorney must take the risk and represent the estate with a contingency fee. Probate litigation attorneys are usually hired by estates with few assets.
Disputes involving a will
In many cases, a dispute over a will arises when a testator is not of sound mind and is unable to make decisions on their own. While Florida’s will-writing statute requires the testator to be of “sound mind” when he or she made his or her will, there are often cases where an incapacitated person’s guardian challenges a Will as a result of the decedent’s mental incapacity. Such a situation may raise suspicions of undue influence.
Oftentimes, a contest involving a will arises when a will does not account for certain children. Trust Litigation Attorney The children of a person may challenge the decedent’s testamentary capacity, which requires litigation. Probate litigation can take a long time, depending on the number of contesting parties and the disputed issues. However, in most cases, will contests will be resolved through negotiation with an attorney.
Disputes involving a trust
Disputes involving trusts can arise for a variety of reasons. For example, a trustee may not have kept accurate accounting records, or have misappropriated trust assets. Trusts may also be void for fraud or duress. In some states, a trust can even be declared invalid because a trustor feared his or her actions would be uncovered. But which path to take depends on your particular situation.
If you have a trust that contains conditions dictating how the estate will be distributed, disputes involving a trust are likely to arise. For example, a trust maker may include instructions to hold property in trust until a beneficiary reaches a certain age, usually 18. These conditions can lead to legal disputes, so consult a trust dispute attorney for help navigating these issues. In addition, you should consider whether you could be liable for the actions of someone close to you.
Disputes involving guardianships
Disputes involving guardianship can arise for many reasons. An individual may challenge the appointment of a guardian, alleging that the guardian has abused or neglected the ward. A person may even be accused of committing crimes or financial abuse. In these cases, a skilled attorney can help protect the ward’s interests. The attorneys at Keith Morris Attorney at Law have extensive experience in guardianship litigation.
Disputes involving guardianship can cause bitter tension among family members. A guardian is appointed to protect an incapacitated person from abuse and neglect. The guardian is required by law to protect the person’s property and assets. This may be complicated, however, and often involves elder abuse or financial abuse. It’s important to work with an attorney who specializes in this area of law.
Disputes involving fiduciaries
Disputes involving fiduciaires in probate litigation are common in estates, trusts, and other types of property transfers. These types of disputes may arise when beneficiaries question how the executor is managing the estate, or when they disagree with the amount of money the executor is spending. If such disputes occur, the fiduciary may be personally liable, and may be ordered to reimburse the estate for any losses they incurred.
Regardless of the type of estate, disputes involving fiduciaries require experienced legal representation. At Ruskin Moscou Faltischek, our attorneys have extensive experience in estate litigation, including disputes involving trustees, fiduciaries, agents, and other related matters. They have extensive experience handling disputes involving fiduciaries in probate litigation. They have extensive experience handling estate-related litigation in Alabama, including probate, trust administration, and ERISA. Disputes between beneficiaries and fiduciaries can also arise in construction matters, spousal rights of election proceedings, and tax-related issues.