Estate Disputes and Litigation
It would be lovely if after someone passes away, everybody got along nicely with distributing the person’s estate. Sometimes, though, the reality is very different.
Whenever the family, heirs, or beneficiaries of an estate are in conflict over an estate, it is considered an estate dispute. These types of disputes can sometimes result in estate litigation or fiduciary litigation.
Here are a few ways estate disputes commonly arise:
- Someone refuses to share information about the estate;
- Someone takes, destroys, or misuses estate property;
- Someone presents a fraudulent or invalid will;
- Someone opposes a valid will;
- The executor or administrator is not doing his/her job properly; or
- There is reason to believe that the person seeking to be appointed administrator or executor will not be fair and will not administer the estate correctly.
Each of these situations has potential solutions. Sometimes an issue can be resolved through careful negotiation; other times, more aggressive action is necessary, such as taking the matter before the probate court. Cook & Tolley, LLP’s process is to devise a number of different strategies, discuss the pros and cons of each one with you, give you our recommendation, and help you carry out the best decision for you, your family, and the estate.
Whether the conflict was expected or not, our attorneys routinely help people with estate disputes, and we work to stop others from taking advantage of the estate, family members, heirs, or beneficiaries.