At Staab Law, P.A. we represent beneficiaries and people otherwise interested in an estate or trust when the trustee, personal representative or other fiduciary has violated one or more of the duties imposed on them under the law.
Litigation against a fiduciary typically occurs when the fiduciary fails to:
- properly account to the beneficiaries
- properly marshal the assets
- properly manage the assets
- distribute the assets according to their instructions or
- comprehend their duties under the governing instrument and under the law
Litigation can occur not only as a result of improper estate or trust administration, but also when the validity of the will or trust itself is questioned.
We represent beneficiaries, trustees, personal representatives, and others in all manner of litigation relating to will contests, trust contests, will interpretation and trust interpretation.
Questions we must consider are:
- Was the will or trust properly prepared?
- Was the document executed with the formalities required by law?
- Did the decedent, at the time the document was executed, possess sufficient testamentary capacity?
- Was the decedent under the undue influence when the document was signed?
- Did someone wrongfully act to divert an expected inheritance from one person to another?
- Is the document unambiguous?
- Who are the intended beneficiaries?
Based upon the above questions, if the validity of the will or trust is questionable, we can help you to challenge the document to ensure the estate or trust is administered according to the decedent’s wishes.
Lastly, we also defend fiduciaries against will and trust litigation from beneficiaries and other interested parties when they that the documents are questionable or that the fiduciary has violated their fiduciary duty in some way.