Problems We Solve
Trust Litigation, Probate Litigation and Probate
Trust Litigation
Trust Litigation arises when there is a legal dispute over a Trust document between Beneficiaries or Trustees. It can cause financial problems and domestic problems. Trust litigation usually begins for one or more of the following reasons:
- To compel the trustee to provide a copy of the trust
- To obtain financial information from the trustee
- To have the court instruct the trustee to perform a specific act
- To have the court order the trustee to account
- To reclaim property that rightfully belongs to the trust
- To suspend the trustee’s powers
- To remove the trustee
- For damages against the trustee
- To appoint a temporary trustee
- To select a successor trustee
Probate Litigation
A probate litigation lawsuit seeks an heir or beneficiary’s rightful inheritance. Probate litigation is a lawsuit filed by a beneficiary against an executor, administrator, or third party. Here are some examples of when to start Probate Litigation:
- To contest the appointment of a particular person as administrator
- To have the court order the executor or administrator to perform a specific act
- To have the court instruct the executor or administrator to account
- Two reclaim property that rightfully belongs to the probate estate
- To suspend the executor or administrator’s powers
- To remove the executor or administrator
- For damages against the executor or administrator
- To appoint a successor executor or administrator
Probate
Probate is the court-supervised process of gathering, managing, and distributing the assets of a deceased person to the people who are supposed to inherit them. Probate is necessary when the property cannot be transferred from the departed person to a living person since the title is in the deceased person’s name. To open probate you, or your attorney, must file the following documents with the probate court:
- Petition for Probate
- Duties and Liabilities of Personal Representative
- Confidential Supplement to Duties and Liabilities of Personal Representative
- Order for Probate
- Letters Testamentary or Letters of Administration
