What is Estate Litigation?
Black’s Law Dictionary defines “litigation” as, “A contest in a court of justice, for the purpose of enforcing a right.” Estate Litigation involves the litigation of trust, estate, and protective proceedings (guardianships and conservatorships) in court, usually in Probate Court.
Estate Litigation includes litigation of conflicts, duties and/or rights regarding conservatorships, guardianships, wills, claims, elder abuse, defense of claims of breaches of fiduciary duties by trustees and other fiduciaries, accountings, petitions for court instructions, issues of trust modifications or reformation, allegations or protection from allegations of undue influence or fraudulent conveyances, and interpretation, advocacy, or defense of testamentary capacity and decedent’s intent.
Clients include corporate or individual trustees, excluded family members, executors, administrators, guardians, conservators, beneficiaries, wards and conservatees.
For example, there are often conflicts between administrators of estates and beneficiaries; between successor trustees and beneficiaries; between beneficiaries of competing wills or trusts; or if a decedent’s will or trust was changed during an illness, disability, or immediately prior to death.
Advocas Law Group has a wealth of trial experience regarding litigation, but frankly, litigated matters are often settled prior to trial. To avoid the considerable expense and time consumption in preparation for trial, most people see a benefit to mediation, arbitration to resolve many issues. Advocas Law Group works with you to find the best possible resolution for litigated matters keeping your needs in mind.
Contact us today to learn more.