Estate Litigation

Legal disputes will sometimes arise after the death of a family member. This may be due to a disputed will, or the improper administration of an estate by the executor, or the mismanagement of a trust by the trustee.

The validity of a will can be challenged on the grounds of undue influence or the lack of testamentary capacity. This means that the person did not have the mental capacity to understand what he was signing, or someone else pressured him into signing his will.

The executor of an estate has a duty to all of the beneficiaries to gather all of the estate assets and distribute them according to the will. Any beneficiary has the legal right to request that an executor be held legally accountable for any mismanagement of his duties.

The trustee of a trust must manage the trust assets for the benefit of the beneficiary. This includes using the trust assets only for the stated purpose of the trust. The trustee can be held legally accountable for such things as improper investment of trust assets and distribution of assets that are not in accordance with the stated terms of the trust.