The death of a loved one is an emotional, life-changing and inevitable event. Shortly after the loss, one person who was chosen by the deceased will become the executor or administrator of the estate, and others will be named as beneficiaries. For many families, these events are planned and expected; but for some, the terms of trusts and wills bring surprises, disappointment, distrust, and disputes. These disputes can include claims of: mistake in execution, undue influence, lack of capacity, breach of fiduciary duty, fraud, forgery, will or trust construction, or other claims.
When this occurs, trustees, beneficiaries, or others with an interest in the trust or estate assets will challenge a will or trust, the actions of an executor or trustee, or the validity of the will or trust itself. You may be required to hire lawyers and file a lawsuit. Unchecked and improperly evaluated or managed, such a dispute can consume the entire estate.
Professional estate planning and good pre-death communication are the keys to avoiding these disputes. Once they occur, however, risk evaluation, risk management and professional litigation techniques are required to protect you and the assets of the estate. If you find yourself in the midst of such San Diego Will and Trust disputes, or sense one on the horizon for your family, contact our law firm now by calling (619) 430-2455 to set up a free consultation.
Types of Disputes
- Forged Wills or Trusts
- Mistake in Execution
- Undue Influence
- Lack of Capacity
- Breach of Fiduciary Duty by Trustee
- Will or Trust Construction