Protecting Assets And Legal Interests In Probate And Trust Litigation
Probate and trust litigation involves any dispute over the administration of an individual’s probate or trust estate. Regardless of which side of a dispute you are on, you should have legal advice to protect the estate, your interests and your legal standing, free from accusations of wrongdoing.
At Forgione Law, you will find the counsel that you need to make the right decisions in your probate or trust litigation case. Attorney Forgione places a high priority on responsiveness, clear communication and effective representation that delivers the results clients are looking for.
How Probate And Trust Administration Disputes Arise
Probate estates and trusts are administered by specific fiduciaries, as follows:
- In the probate context, the personal representative is responsible for the administration of an estate through the probate court. The will is the most important testamentary document in probate.
- In the trust context, it is the trustee who must carry out the terms of a trust. The trustee and/or other beneficiaries may receive direct delivery of assets such as payments from the sale of real estate.
In both types of administration cases, the fiduciary has a long list of duties and obligations that they are required to perform. Most need a lawyer’s help to accurately carry out duties to:
- Inform and give accounting to qualified beneficiaries
- Prudently administer the estate or trust
- Act impartially
- Act with loyalty to the expressed wishes of the deceased and the terms of the respective testamentary documents
If a personal representative or trustee breaches their duties, a qualified beneficiary can seek various remedies through the courts, such as:
- Removal of the fiduciary
- Compelling the fiduciary to provide information
- The imposition of a surcharge, requiring the errant fiduciary to personally pay money to the estate, trust or others to compensate for improper conduct.
A will contest may allege that the deceased person did not have the necessary testamentary capacity or was unduly influenced when they created or updated their will. Similar allegations may be made regarding a trust. Other forms of probate litigation may arise when property is being sold or assets are under inventory. Regardless of details or your perspective is in a probate or trust litigation case, turn to Forgione Law in Stuart, Florida, for trustworthy representation.
Attorney Forgione has ample experience representing beneficiaries, fiduciaries and other interested parties such as creditors, business partners and property co-owners in probate and trust litigation.
Get Answers And Advice To Point Your Litigation Case In The Right Direction
Winning your case may not mean taking it before a judge and jury. Excessive legal fees can make a victory ineffective in the end. Negotiations or mediation may be more cost-effective and may even keep peace within a family after the completion of an estate or trust litigation case. Lawyer Brandon Forgione is genuinely interested in helping you find a resolution in your best interests and the protection of assets in an estate or trust.
If you have questions about your rights under a will or trust, or if you are a personal representative or trustee facing challenges, please contact Forgione Law at 561-730-3926 or send an email inquiry. Discover the responsiveness that attorney Forgione is known for.