Trust, Wills and Estate Disputes * Articles you don't want to miss
A trustee, executor, administrator or guardian is a fiduciary and is required by law to perform his or her duties in good faith and with the best interests of the beneficiaries in mind. Will Contests. In a will contest (called a caveat), a beneficiary or interested party files a formal objection to a last will and testament of a recently deceased person, often a family member. The objecting person may believe the will was signed as a result of fraud, coercion or undue influence, or he or she may believe the decedent lacked the mental capacity to sign a will. Trust Disputes. When a person wants to set aside money, real estate or other property or assets for the benefit of a family member, charity or other person or entity, he or she may create a trust. Trusts are used for many reasons, including tax planning, creditor protection, estate planning, and control of distribution. There are many types of trusts, including revocable trusts, irrevocable trusts, family trusts, inter vivos trusts, insurance trusts, and charitable trusts. Disputes often arise between beneficiaries and trustees or between different beneficiaries. The types of disputes vary, including complaints regarding investment choices, self-dealing by the trustee, inadequate generation of income, preferential treatment of some beneficiaries over others, misappropriation of assets, mismanagement, fraud, poor tax planning and failure or refusal to account to trust beneficiaries. * home Probate and Estate Administration. When a person dies, he or she leaves behind property and assets that need to be managed and distributed for the benefit of the decedent's family and beneficiaries. If the decedent left a written document setting out his or her intentions, called a last will and testament, that document controls how his or her assets will be distributed. If the decedent does not leave behind a last will and testament, there are state laws that control the distribution of his or her assets. In either case, a lawyer is needed to assist in the probating of the will and administering the estate, including the filing or appropriate documents in the Probate Court and the preparation of tax returns. * home Breach of Fiduciary Duties. Executors, trustees, administrators and guardians have a legal duty to protect the beneficiaries and the assets and property they are holding for the benefit of someone else. These are called "fiduciary duties." There are times when a beneficiary, family member or interested person believes that an executor, trustee, or administrator has ignored his or her duties and harmed the person whom he or she pledged to protect. When this happens, there is a claim for breach of fiduciary duty. * home Note: Breach of Fiduciary Duty is not clearly defined in law. It's a subjective term. Guardianships/Conservatorships. When a minor needs an adult other than his or her parents to take legal control of his or her person or property, a guardian or conservator may need to be appointed. When an adult becomes incapacitated because of an accident, disease, or old age, he or she may need to have a guardian or conservator appointed to take care of him or her and to manage his or her property. * home Guardianship Disputes. Guardians and conservators owe a special duty of care to the minor or incapacitated adult they represent. When guardians breach that duty, called a breach of fiduciary duty, a lawsuit or dispute may arise. Often, a friend or family member discovers the problem first. * home Reprinted and annotated for enhanced usability under fair use rule.
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