Estate
Disputes
Unfortunately, disagreements regarding the administration
of an estate can arise. Sometimes the courts are the only
resource available to individuals, whose rights have been
violated. WPL can assist in those situations. Claims against
an estate can take varying forms and give rise to different
causes of action. Typically, claims against an estate take
one of the following forms:
- A
lack of mental capacity on the part of a person making a
will, trust, gift, or beneficiary designation;
-
The imposition of undue influence upon a person making a
will, trust, gift, or beneficiary designation;
-
A failure to leave a surviving spouse assets, which are
at least equal to the spouse's statutory elective share;
-
A sale of estate assets by the executor or administrator
to himself or herself, or some other form of self-dealing
during the estate administration;
-
Negligence by the executor or administrator in handling
the financial affairs of the estate;
-
A failure by the executor or administrator to promptly conclude
the administration of the estate.
-
A failure by the executor or administrator to provide adequate
information to the beneficiaries and other family members;
-
A failure by a trustee to properly carry out the instructions
provided in the will or trust agreement, or to properly
invest and account for the assets.
WPL is
experienced in handling these types of disputes. In the past
WPL has been successful both in prosecuting legitimate claims
against an estate and in defending against those who seek
to profit from a loved one's death. However, not all cases
fit in the categories listed.
For instance,
WPL has handled matters, where individuals have been adopted
after death in an attempt to obtain an advantage in the distribution
of estate assets. Other less common cases handled by WPL include
claims that children, although not formerly adopted, were
equitably adopted and thus entitle to an equal share of a
deceased's estate.
No two
cases are exactly alike. Nevertheless, WPL has the resources
and experience to insure that no matter what the basis of
the claim; the matter will be aggressively handled to insure
maximum recovery for our clients.
Home
| Legal
Services | Tim
B. Wright | William
R. Ponsoldt, Jr. | Louis
E. Lozeau, Jr. | Articles
| Helpful
Links | Site
Map | Contact
Us
|
