Estate & Trust Litigation
Losing a loved one is painful, especially when you’re unsure what to expect from the estate distribution process. It’s natural to feel confused and overwhelmed during this difficult time. Thankfully, with the help of an estate and trust litigation attorney, you can figure out where to go from here and move forward. The compassionate legal team at LoPrete, Lyneis & Carnwath, P.C., is prepared to support you through this challenging period and help you resolve any legal disputes that arise.
What Happens After Someone Passes Away?
Once someone passes away in Michigan, the beneficiaries named in their trust will receive what was left to them. A will is going to go through probate, and then beneficiaries will receive their inheritance. Funds will be used to first pay off bills and settle debts before being distributed. It is up to a trustee/fiduciary to carry out their responsibilities and make sure that heirs and beneficiaries receive what is rightfully theirs.
This doesn’t always happen, though. The beneficiaries and heirs might be left waiting and wondering. The fiduciary may be confused about what to do or unable to fulfill their duties. An attorney can step in to resolve issues and ensure that everyone understands their responsibilities moving forward.
What an Estate and Trust Litigation Attorney Does?
Disputes often arise concerning the validity of a trust or a will. Perhaps the decedent lacked the capacity to sign a document. Or the decedent was unduly influenced or coerced into signing a document.
In some cases, the fiduciary fails to follow the terms of the will or trust, keep the beneficiaries informed, act in the best interest of the beneficiaries, follow the Michigan Prudent Investor Rule, or keep estate or trust assets segregated from personal assets, which is the commingling of funds. There are also situations in which an individual is acting under a power of attorney during their lifetime and refuses to account to the beneficiaries after the death of the principal.
Our estate and litigation attorneys can assist either the beneficiaries or fiduciaries in resolving any controversy that arises through probate court proceedings or mediation. If you choose mediation, you can save time and money by working out your disputes outside of the courtroom.
Contact Us Now for Your Estate Planning Needs
Do you require assistance with your estate plan? We aim to prepare documents that are appropriate to your custom estate planning needs. Our attorneys will ensure that your estate planning documents effectively reflect your intent and wishes regarding the administration of your assets following your passing in the most expeditious and tax-advantageous manner.
If you need help with the estate and trust litigation process in Bloomfield Hills, contact LoPrete, Lyneis & Carnwath, P.C. at (248) 594-5770 to get started.
If you need assistance with the trust and litigation process, then call an estate planning attorney who can help you. They will act in your best interest inside and outside of the courtroom.
