Sometimes, when a person dies, disputes arise due to poorly drafted documents, misuse of a power of attorney, arguments over the proper actions that an Executor should take, or a myriad of other reasons. Many of these disputes can be resolved through family conferences or negotiation, but sometimes other efforts have to be made to resolve the issue(s).
When Is Trust & Estate Litigation Necessary?
When there is fraud, mismanagement, or contradictory documents, families often require litigation to resolve issues relating to the death of a loved one. In those cases, the parties must apply to the courts to resolve their differences or obtain relief. Each situation is unique, but there are issues that end up requiring litigation more frequently. They are listed below:
- Allegations of Fraud: Undue Influence or Coercion in the drafting of powers of attorney, wills, and trusts.
- Allegations of Fraud: Misuse of Assets or Breach of Fiduciary Duty against Agents under Powers of Attorney, Executors or Trustees
- Challenge to Disinheritance or Establishment of a Family Relationship to Obtain Inheritance
- Family Disagreements over property or who should act as a fiduciary
- Interpretation of an ambiguous document
- Failure of a Fiduciary to Administer an Estate and Distribute Assets in a timely fashion
In all cases, attorneys would like to avoid the expense and time necessary for litigation. But, in the event the parties cannot come to an amicable solution, you want an attorney with the right knowledge and experience handling your case.
The attorneys at Parks Zeigler are experienced in handling and advising clients in all types of issues that can arise once someone has passed away, including cases that end up in litigation.