At Young & Maslowski, LLC, we understand that leaving a Will does not always mean the distribution of the estate assets will be conflict free.
Often disputes can occur between the Personal Representative or Trustee and the potential beneficiaries of a Will or Trust. When this happens, an already difficult time becomes even worse. In some cases, Estate Litigation may be unavoidable.
At Young & Maslowski, LLC, we will take the time to understand the true intentions of the decedent, consider all reasonable solutions to each dispute, and will guide you through the process of ensuring the Will or Trust is being administered properly and the intentions of the Testator are being met. Whether that means formally contesting the Will or Trust in Court or working out an informal resolution between the parties, we are here to help.
Contesting a Will
Most family members would never consider contesting the Will of a loved one. In certain circumstances, a Will contest is necessary. While it is typically very difficult to convince a court to invalidate a Will, there are certain instances where the court may rule in your favor. For example, it may be necessary for you to contest a Will when the:
At Young & Maslowski, LLC, we will personally go through each case to help establish if the necessary requirements were met at the time the Will in question was executed and help you to decide if contesting the validity of the Will is an advisable option for you. We will also work closely with the Personal Representative(s), Trustee(s), relatives, and potential beneficiaries of an estate to try to resolve disputes over contested property, bank accounts, real estate, and other personal property. Finally, we also work with beneficiaries to ensure that the Trustee or Personal Representative is performing all of the fiduciary duties during the probate or Trust Administration.
Contesting a Trust
When a Trust is poorly written and the Grantor’s intentions are vague and unclear, it may be necessary for you to contest the Trust. The process of disputing a Trust can be a very long process, but it may be the only way to ensure the intentions of the Grantor are met. You may also have to dispute a Trust if the Trustee is not fulfilling his or her responsibilities. At Young & Maslowski, LLC, we can review the Trust and help to ensure it is being administered properly and all intentions of the Grantor are being met.
Disputes Under Powers of Attorney
Creating an estate plan can be an emotionally delicate process. Not only can the decisions you make regarding distribution of assets cause rifts, but your choices regarding who has the authority to manage your affairs could also create discord.
A Power of Attorney dispute may take several forms. The contesting party may argue that the Power of Attorney was never valid. The petitioning party may contest various aspects of the Agent’s decision-making, arguing that the Agent exceeded his/her authority in taking an action or that an Agent’s choices were geared toward benefiting him/herself rather than the maker of the Power of Attorney.