Estate Litigation
The death of a loved one and the ensuing administration of their estate can by a trying time in a person’s life. In addition to coping with the loss of the person, many are faced with a disputes arising out of the administration of the estate. Often compounding the situation are the emotional aspects, including certain family dynamics.
The legal issues involved in estate disputes can also be complicated and may have a profound effect on the outcome of the case. An early evaluation of the case, whether it is defending an existing claim or making a claim of your own, is important.
The attorneys at DeMeo DeMeo & West represent either side of a potential dispute. For example, we have represented beneficiaries who file a trust contest, trustees who defend an action to contest a trust, as well as will contests and a variety of other probate petitions seeking court relief.
The types of cases most often seen in estate matters are:
Trust Contests: In a trust contest, you are asking the Probate Court to set aside a decedent’s trust or certain provisions in the trust and replace them with either a previously executed will or trust, or if no previous document exists, the default laws of intestate succession. Grounds for filing a trust contest include, among others, undue influence, lack of testamentary capacity, fraud, and mistake. A person may contest the entire trust, only certain amendments to the trust, and/or only certain provisions of the trust. These cases commonly involve the hiring of expert witnesses to testify as to the decedent’s capacity at the time of the execution of the trust.
Will Contests: Contesting a will is similar to contesting a trust. Many of the same principles apply to will contests, except that the disputed document is a will that has been presented to the Probate Court for administration. No-contest clauses may present serious issues in such matters.
Trustee Liability & Removal: A trustee of the trust owes certain fiduciary duties to the beneficiaries of the trust. Some of the duties include the duty to keep the beneficiaries informed of trust activities, duty to account to the beneficiaries, duty to invest in accordance with the provisions of the Probate Code, and the duty of loyalty (including avoiding conflicts of interest and self-dealing).
A trustee that has breached his or her duties as trustee may be subject to removal by the court upon petition by a beneficiary. Additionally, if the trust has suffered a loss as result of the breach, the trustee may, in some cases, be held personally liable for the losses.
Often times, however, beneficiaries bring actions concerning the acts of trustees, in bad faith. Trustees may choose to oppose frivolous petitions and under limited circumstances, the trust may be reimbursed for the costs incurred as a result of the bad faith action.
Petitions Concerning Trusts: In general, a trust administration may be handled entirely outside the Court. Unless there is a dispute, there usually is no need for the involvement of the Court. However, the Probate Code does offer a variety of remedies that either a trustee, beneficiary or creditor of an estate may utilize to seek assistance from the Court. Common Petitions include:
Petition to Confirm Trust Property: To transfer property to the trust after death if certain requirements are met.
Petition for Approval of Accounting: A request for the Court to approve a trustee’s accounting so as to extinguish a variety claims against the trustee or trust.
Petition for Instructions: A trustee or beneficiary may seek Court approval of potential actions to be taken by the trustee in connection with the administration of the trust. For example: to pursue or not pursue a claim against a 3rd party on behalf of the estate.
Petition to Determine the Validity of a Trust Provision. This petition is often used to challenge, interpret, or ascertain the meaning of ambiguous trust provisions.
There are a number of other petitions a trustee, beneficiary, or creditor of a trust or probate estate may wish to file. Contact us to discuss the issues in your case and we will help evaluate your case and advise you of the various avenues for relief that are available.
