People often create trusts as a means to avoid the costs and hassle of formal probate proceedings. However, disputes involving trusts can also arise, especially when trust assets are high in value or when family members do not all get along. Trusts involve many moving parts which create potential for conflict, whether it be between beneficiaries and a trustee, between beneficiaries, or from outside third parties. Our team represents beneficiaries, trustees, or third parties with interests in a trust.

When a person passes away with a valid will, they are said to have died “testate” (as in “last will and testament”). The first step will be to determine if formal probate proceedings with the courts are necessary.

When a person passes away without a valid will, they are said to have died “intestate”. This word comes from the roots “in-” (meaning “no, not”) and “-testate” (meaning “having made a valid will” – as in “last will and testament”).

Unfortunately, unscrupulous actors take advantage of seniors. Predatory people see easy targets who are vulnerable to undue influence, fraud, and even outright coercion. Sadly, as America’s population ages, these concerns will arise with increasing frequency.