Representing Clients In The Full Range Of Estate Litigation
When you develop the sophisticated and complex estate plans that Lesser Lutrey Pasquesi & Howe, LLP has over the past 20 years, you gain valuable insights on how and why wills, trusts, guardianships and other aspects of estate plans are challenged. As a result, we are able to represent parties in complex estate and trust litigation. We have extensive experience representing beneficiaries, corporate fiduciaries and other parties with a legally protectable interest in estate, trust or guardianship litigation matters.
The Emphasis Should Be On Settling Your Estate Dispute
A prolonged estate dispute can be expensive. In fact, if one is not careful, the assets of an estate can be significantly depleted on litigation. The attorney you retain must understand the strengths and weaknesses of all parties’ positions in order to resolve the dispute as efficiently as possible. We have a stellar track record in this regard.
Because our attorneys are completely focused on complex estate planning, asset protection and the effective transfer of wealth, we are able to develop strong arguments on behalf of our estate litigation clients that allow us to resolve many disputes without the need to go to court. Of course, if a fair resolution cannot be reached through negotiations, our trial-tested attorneys are always prepared to litigate on your behalf.
Reasons For Challenging A Will Or Trust
There are numerous reasons a will or trust may be contested, including:
- Lack of testamentary capacity — Due to senility, dementia, medication or another reason, the writer of the will (the testator) may not have comprehended the value of his or her assets, or understood the consequences of his or her actions when drafting or modifying a will.
- Undue influence — A testator may have been pressured to write or amend a will against his or her wishes.
- Fraud — A beneficiary used false statements to convince a testator to sign a will or structure it in a way that favors the beneficiary.
- Breach of fiduciary responsibility — If you believe a trustee has failed to account for his or her actions, mismanaged funds or did not act in the best interests of all beneficiaries, the trustee may be liable to you or to the trust for a breach of fiduciary duty.
- Unclear language — It is possible to challenge a will or trust if the decedent’s wishes are unclear or can be interpreted differently.
- Mistakes — A will can be contested if it can be shown that a mistake was made in the drafting or administration of the will.
Similarly, we can advocate on your behalf in guardianship disputes. Your role as a guardian may be challenged, you may feel that a guardian who has been appointed to care for a loved one is failing to perform his or her duties, or you may wish to contest the need for a guardian. Our knowledgeable lawyers can help.