Causes of Estate Disputes

Failure to Plan. Among the most common contributors to estate litigation is the decedent’s failure to provide valid instructions for how their property is to be managed and distributed upon their death. In the absence of a properly drafted and executed will or trust, dying “intestate” (i.e., without a will or trust) creates a potential free-for-all in which valid and invalid claims must be settled by the courts.

Outdated Planning. Estate planning should not be viewed as a one-time event that, once the documents are signed, need never be thought of again. Laws, financial situations, family makeup, the nature of the estate’s assets, and states of residence are among the many fluid factors that can undermine a will or trust that you may have mistakenly thought was over and done with.

Defective Planning. Easy-to-use, downloadable will and trust forms offer a tempting shortcut, but without experienced planning guidance and proper execution, do-it-yourself estate plans are a growing cause of estate and probate contests.

Mental Incapacity or Undue Influence. That the maker of a will or trust lacked the mental capacity to make a will or create a trust is a common complaint, as is the charge that, due to their incapacity, they became vulnerable to the improper motives of another person.

Second Marriages and Mixed Families. Premarital agreements and overly simplified estate planning can deprive surviving spouses and children of their share of an estate or trust.

Sibling Rivalries. Distrust, resentment and competition among family members generally does not begin with the death of a parent or grandparent; those conditions usually go back years or decades and come to the forefront only when an inheritance or bequest is at stake. Sibling rivalries and the selfish interests of extended family members (distant cousins, ex-in-laws, etc.) should not be overlooked by would-be makers of wills and trusts, and the impact of toxic or make-believe relationships can be lessened with sound planning under the respectful guidance of an estate planning professional.

Breaches of Fiduciary Duty. The scope of our services includes representing personal representatives, trustees, guardians and conservators who are alleged to have breached the fiduciary duty they owe to heirs, beneficiaries and wards. Duties include keeping trust or estae assets separate from personal assets; not using trust/estate assets for their own benefit; showing no favoritism among beneficiaries; investing trust/estate assets in a conservative, low-risk manner; and keeping accurate records, filing tax returns, and reporting to the beneficiaries as the law or the trust requires.

When these and other situations lead to legal action involving a trust or estate or the property and care of a vulnerable person, you can count on our experience and commitment to your objectives.