Richmond Trust and Estate Litigation Attorney
Here at MichieHamlett, our Richmond trust and estate litigation attorneys understand the difficult situation you are currently in. We handle all types of fiduciary disputes, will contests, guardianship issues, and other matters for our clients to ensure the most desirable outcome whenever possible. For such matters, you need a trusts and estate litigation attorney who has experience with complex law, probate court, and high asset disputes, which our attorneys have proven time and time again.
Complex Modern Families Have Led to More Trust and Estate Litigation
Trust and estate litigation has been on the rise for several reasons. Many senior adults are living longer and there can be concern over their estate having been prepared or updated when they are not fully sound of mind. Modern families are also more complex because of divorce and second marriages. According to a Forbes article, only 20 percent of stepchildren feel close to their stepmothers. When two or more individuals from a family already harbor animosity towards one another, they are more likely to find fault in the way an estate is divided amongst them.
Four Common Types of Trust and Estate Litigation Cases We Handle
Will and trust disputes are common among family members, particularly siblings, who feel that they were unfairly left out of their inheritance, or they did not receive their fair share. Two methods to mitigate these disputes is for the testator to discuss their plans with their children beforehand, and to try to create harmony between their children in advance. According to AARP, adult children with minimal relationship conflict are much less likely to dispute their inheritance. Unfortunately, this is not always possible, and an attorney is needed.
- Will contests—A will can be contested for a variety of reasons. The most common include the following:
- The will was never legally signed;
- The testator did not have the mental capacity to create or change the will at the time that it was created/altered;
- The testator was unduly influenced; or
- The will is a product of fraud.
- Trust contests—A trust can be disputed for the same reasons a will is disputed: undue influence, the trustor was not mentally fit at the time, it was procured by fraud, or it was not signed according to state law.
- Breach of fiduciary duty—The personal representative has a fiduciary obligation to the estate and beneficiaries to pay taxes and debt, and distribute the assets according to the estate plan. A breach of these duties, such as missing deadlines, mismanaging the estate, or failing to pay debts or taxes, can result in a lawsuit against the personal representative.
Our attorneys are skilled at resolving all types of will and trust disputes, including probate, contested guardianship or conservatorship, and more.
Work with Richmond’s MichieHamlett Law Trust and Estate Litigation Attorneys
Whether you are seeking to uphold a will or contest it, overturn a guardianship or keep the testator’s wishes in place, our attorneys can help. Feel free to reach out to the Richmond trust and estate litigation attorneys at MichieHamlett today to schedule your free consultation.