Estate and Trust Litigation
If you have a dispute, contact Keilen Law today to discuss your dispute, and explore your options.
In a perfect world, you only need an estate attorney to help you create a plan that protects your wealth. However, estate plans are not always executed as well as the creator might have hoped. This can lead to trust litigation involving loved ones, trustees, and the original law firm. Disputes can be costly and often eat away at estates, so it’s important to carefully weigh the pros and cons before pursuing a case.
What Are Common Reasons for Litigation?
When you hire our Michigan estate attorney, we can advise you on whether you have a strong enough case to move forward. These are some of the most common legitimate reasons we have encountered over the years:
Trust or Will Contest: If you believe your loved one created the will or trust under duress or while not in a mental state to handle financial duties, you may have sufficient grounds to contest the documents.
Jointly Owned Property: People often attempt to absorb jointly owned property into a trust without the other individual’s consent, which can create ownership and property transfer complexities.
Fee Structures: Sometimes, attorneys and trustees charge so much for managing trusts that the heirs or beneficiaries hardly benefit from the arrangement as much as they do.
Breach of Fiduciary Duty: This is one of the most common causes for litigation against trustees and executors and often follows unwise decisions made by appointed individuals.
What Will My Estate Attorney Do To Help Me Win?
Probate law is complex, especially when individuals have multiple streams of income that span several jurisdictions. The larger the estate, the more complex it might become. Attorneys in this area must therefore have both legal and financial aptitude to sort through the details. Hiring an attorney at the onset can also ensure your rights are protected and might deter shady characters from pursuing certain courses of action.
Your estate attorney at Keilen Law can also help you with the process of determining whether you should file a petition or civil action. We can complete the paperwork on your behalf and represent your best interests in court. In some cases, we might even request protection orders for you and your household to reduce the likelihood of things escalating out of control.
Under the Michigan Court Rules, probate litigation might involve a petition to the probate court, or in some cases, a civil action. MCR § 5.001-.784, 801, and 802. Whether you need a petition or a civil action, the probate lawyers at Keilen Law can help. Probate litigation usually involves a:
- Breach of fiduciary duty;
- Self-dealing trustee or personal representative;
- Trust contest;
- Will contest;
- Determination of heirs;
- Challenge to jointly owned property;
- Determination of spousal/family rights;
- Tax apportionment;
- Property transfer; and
- Property transfer; and Challenge to attorney/trustee/fiduciary fees.
At the outset of the case, your probate lawyer will inventory the assets and appointments. Second, the probate lawyer will review the transfers, along with related records and information. In some cases, a protective order might be necessary to maintain the status quo; thus, asking the probate judge to restrict the conduct of a trustee or personal representative who is not properly managing the assets of the estate.
Why Should You Choose Keilen Law?
Our law office employs a large team of attorneys who are eager to serve you. Not being a one-person operation also provides a larger pool of legal resources we can tap into for complex cases. We are a full-service law firm, so if your case spans several practice areas, you have come to the right place. Additionally, it allows us to give each client case we take on the one-on-one attention it deserves.
Would you like one of our estate planning attorneys to review your case? We provide a free initial consultation. Give us a call at 269-382-4818 to schedule your call today.
Adam was very easy to work with and very knowledgeable. I would recommend Adam (and have). He handled my business in a very timely manner and showed that he actually does care about me and my business!