Services We Provide
Trust and Estate Litigation
Trust and estate litigation typically involves a dispute between the person managing the assets of a trust or probate estate (the trustee or executor) and the person entitled to inherit (the beneficiary).
We represent trustees and executors who:
We represent beneficiaries who find that the trustee or executor has:
We represent parties in will and trust contest cases, which involve asking a court to invalidate a decedent’s will or trust. These lawsuits often involve claims that a senior lacked sufficient mental capacity to sign a new will or trust (for example, due to Alzheimer’s), or that he or she was subjected to “undue influence,” that is, manipulated by another person into changing an estate plan.
Conservatorships
A conservatorship is a court case where a judge appoints a responsible person (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances. Conservatorships often involve seniors who have dementia and are in need of the court’s protection. We represent family members in seeking appointment of a conservator for the protection of a loved one. Our work includes contested conservatorship cases. Once our clients are appointed, we advise them on complying with the many legal requirements imposed on conservators.
Protecting Seniors from Elder Abuse
We move quickly to stop elder abuse by obtaining emergency orders from the courts to protect seniors and secure assets. Then, we use the court process to unwind improper transactions and recover misappropriated assets.
Estate Planning
We help clients establish personalized estate plans to meet their needs. Estate plans often include four important documents: trust, will, power of attorney, and advance health care directive.
A trust serves several important functions. First, a trust allows another person (your designated successor trustee) to manage your assets and pay your bills in the event you become incapacitated due to illness or injury. Second, a trust gives you the power to determine how your assets will be distributed after your death. For example, your trust can include provisions for your estate to be held for your children until they reach the age of 30, or older, as you determine. For families with a special needs child, a special needs trust can be established to provide for lifetime care. Third, a trust allows your heirs to avoid probate, the time-consuming and expensive process for transferring a decedent’s assets through the courts.
For those who elect not to establish a trust, a will is the document that designates who inherits your estate upon your death, and who will manage the estate. For those who establish a trust, a will is usually designed to assure that any assets left out of the trust will be included in the trust after death (this is called a pour-over will).
A power of attorney is a document that allows you to designate another person to manage your assets and pay your bills in the event you become incapacitated due to illness or injury. For those with a trust, a power of attorney is important for managing assets that are held outside of the trust, such as an IRA or 401(k).
An advance health care directive (AHCD) serves two important functions. An AHCD allows you to designate another person to communicate with doctors, nurses and hospital staff on your behalf should you be unable to do so. An AHCD also allows you to state your wishes for medical treatment and end-of-life decisions.
Trust Administration
When a person with a trust passes away, the trustee’s job is to inventory and take control of the assets, pay the bills, and distribute the assets according to the terms of the trust. We provide guidance to trustees to assure they comply with the law and the terms of the trust. For larger estates, we prepare estate tax returns. We also assist trustees in communicating with beneficiaries, financial institutions and government agencies.
Probate
Probate is the process for administering a decedent’s estate through the court. We represent clients through the entire probate process, including the initial petition, court-monitored sale of assets, accounting, and the petition for final distribution.
Trust and estate litigation typically involves a dispute between the person managing the assets of a trust or probate estate (the trustee or executor) and the person entitled to inherit (the beneficiary).
We represent trustees and executors who:
- Need guidance in administering a trust or estate
- Are dealing with an unreasonable beneficiary
- Have been asked to provide an accounting of trust assets
- Are embroiled in a lawsuit brought by a beneficiary or co-trustee
We represent beneficiaries who find that the trustee or executor has:
- Refused to distribute an inheritance
- Declined to provide information about trust assets
- Mismanaged trust assets
- Engaged in self-dealing
- Been unable or unwilling to administer the estate
- Not followed the terms of the trust or will
- Become incapacitated or died, leaving no one to administer the estate
We represent parties in will and trust contest cases, which involve asking a court to invalidate a decedent’s will or trust. These lawsuits often involve claims that a senior lacked sufficient mental capacity to sign a new will or trust (for example, due to Alzheimer’s), or that he or she was subjected to “undue influence,” that is, manipulated by another person into changing an estate plan.
Conservatorships
A conservatorship is a court case where a judge appoints a responsible person (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances. Conservatorships often involve seniors who have dementia and are in need of the court’s protection. We represent family members in seeking appointment of a conservator for the protection of a loved one. Our work includes contested conservatorship cases. Once our clients are appointed, we advise them on complying with the many legal requirements imposed on conservators.
Protecting Seniors from Elder Abuse
We move quickly to stop elder abuse by obtaining emergency orders from the courts to protect seniors and secure assets. Then, we use the court process to unwind improper transactions and recover misappropriated assets.
Estate Planning
We help clients establish personalized estate plans to meet their needs. Estate plans often include four important documents: trust, will, power of attorney, and advance health care directive.
A trust serves several important functions. First, a trust allows another person (your designated successor trustee) to manage your assets and pay your bills in the event you become incapacitated due to illness or injury. Second, a trust gives you the power to determine how your assets will be distributed after your death. For example, your trust can include provisions for your estate to be held for your children until they reach the age of 30, or older, as you determine. For families with a special needs child, a special needs trust can be established to provide for lifetime care. Third, a trust allows your heirs to avoid probate, the time-consuming and expensive process for transferring a decedent’s assets through the courts.
For those who elect not to establish a trust, a will is the document that designates who inherits your estate upon your death, and who will manage the estate. For those who establish a trust, a will is usually designed to assure that any assets left out of the trust will be included in the trust after death (this is called a pour-over will).
A power of attorney is a document that allows you to designate another person to manage your assets and pay your bills in the event you become incapacitated due to illness or injury. For those with a trust, a power of attorney is important for managing assets that are held outside of the trust, such as an IRA or 401(k).
An advance health care directive (AHCD) serves two important functions. An AHCD allows you to designate another person to communicate with doctors, nurses and hospital staff on your behalf should you be unable to do so. An AHCD also allows you to state your wishes for medical treatment and end-of-life decisions.
Trust Administration
When a person with a trust passes away, the trustee’s job is to inventory and take control of the assets, pay the bills, and distribute the assets according to the terms of the trust. We provide guidance to trustees to assure they comply with the law and the terms of the trust. For larger estates, we prepare estate tax returns. We also assist trustees in communicating with beneficiaries, financial institutions and government agencies.
Probate
Probate is the process for administering a decedent’s estate through the court. We represent clients through the entire probate process, including the initial petition, court-monitored sale of assets, accounting, and the petition for final distribution.