Assistance With Estate & Trust Disputes

Estate and trust disputes might emerge when there is a disagreement or conflict regarding the administration, distribution, or interpretation of an individual's estate or trust. This type of dispute can be extremely complicated and fraught with emotion, especially since they involve significant assets and impact close family relationships. Here are several types of estate and trust disputes that you might encounter: 

• Will Contests: If a party wants to challenge the validity of a deceased person's will, they can dispute the will. This can happen if they suspect that the will was improperly executed, that the deceased lacked the capacity to make proper decisions, that someone else exerted undue influence, or that there is a fraud situation at play. Will contests can lead to lengthy legal battles and can strain relationships among family members. 

• Breach of Duty: Executors, administrators, and trustees are legally obligated to act in the best interests of the beneficiaries of the estate or trust. Breach of fiduciary duty disputes may arise when one of these parties fails to fulfill their duties. Mismanaging assets, self-dealing, or failing to provide accurate accounting all qualify as breaches of duty. If you are a beneficiary, you may open a dispute to hold the responsible party accountable for any mismanagement and recover any damages you deserve. 

• Interpretation of Provisions: Disputes can arise when a trust or will can be interpreted ambiguously. This type of issue can include disputes related to the distribution of assets, the identification of beneficiaries, or the necessary conditions for receiving an inheritance. To resolve these disputes, the language used and the intent of the testator or grantor will need to be carefully analyzed. 

• Asset Valuation: It can be challenging to accurately value assets within an estate or trust, especially if there are complex or unique assets involved. Examples of complex assets can include real estate, business interests, or intellectual property. Disputes may arise when beneficiaries or any other interested parties disagree on the value assigned to these assets, which can impact how the estate or trust is distributed. 

• Claims of Undue Influence or Fraud: In some cases, individuals may believe that the party in question was unduly influenced or deceived into making certain provisions in their will or trust. These claims often involve allegations of manipulation, coercion, or fraud. Proving undue influence or fraud can be difficult; you’ll need to gather evidence of the testator's vulnerability and the wrongdoer's actions.

• Disputes Among Beneficiaries: When multiple beneficiaries are involved, conflicts might arise over the distribution of assets, the management of the estate or trust, or the appointment of fiduciaries. These disputes can get extremely emotional; you may require mediation or litigation to reach a satisfactory resolution. 

It is important to note that estate and trust disputes can be highly complex and full of emotion. You’ll need to seek the guidance of experienced professionals, such as the team at Jim Mitchell & Jed Davis, P.A, who can help you navigate these disputes and work towards a fair resolution together.