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Probate and Trust Litigation

In life, many times it only takes a dollar to divide a family. This adage is particularly true when it comes to trust and probate matters. Even with a seemingly well-drafted estate plan, disputes can arise after loved ones have passed on. In trust matters, trustees can be unwilling to provide information regarding the administration of a trust. Conversely, beneficiaries of a trust can have unreasonable expectations regarding timing and amounts of distributions. In addition, a trust or a will sometimes does not reflect the intent of the testator because it was a forgery or a product of undue influence. Fortunately, the legal system provides a forum to adjudicate these disputes and Wright, Finlay & Zak ("WFZ") can ensure that your rights are protected.

If you are a beneficiary of a trust and the trustee is not providing information or withholding distributions, WFZ can bring an action to force the trustee to provide the information and compel distributions. Or, if you are a trustee and beneficiaries are making unreasonable demands on you, WFZ can assist you in ascertaining your duties under the trust and ensuring that your actions are proper under the law. In addition, if you suspect that a will or trust was a product of undue influence or that the testator lacked capacity when the document was drafted, WFZ can bring an action to invalidate the will or trust. Similarly, if another party is challenging a trust or will that you believe is valid, WFZ can help in proving that the will or trust reflects the intent of a testator.

If you are facing a trust or probate dispute, you need experienced litigators on your side to protect your interests. If you have any questions or need assistance, please contact Chuck McKenna.