Disputes arising from the management of a trust or estate can cause serious conflicts among beneficiaries, trustees, and executors. Whether it’s a contested will or concerns about trustee actions, resolving these disputes can be challenging without clear legal guidance. It is important to address these matters in a manner that respects the rights of all parties involved, particularly when emotions are running high. Boatman Ricci is committed to providing the legal assistance necessary for effectively resolving these disputes.
What Is Trust & Probate Litigation?
Trust and probate litigation involves legal disputes that arise often between family members during the administration of trusts or estates after someone has passed away.
- Probate: This is the legal process through which a deceased person’s debts are paid and assets are distributed. A representative of the estate is appointed by the court or by the deceased in his/her last will and testament. The representative sees to it that the estate assets are appropriately distributed and that the decedent’s debts are paid.
Trust: A trust is a legal tool used to manage and distribute assets. It is often created by an individual who wishes to bypass the probate process. By transferring their assets into a trust, they can designate heirs as beneficiaries. Trusts can be established during the individual’s lifetime or upon their passing through a will. A trustee is appointed in the trust to oversee and manage the assets for the benefit of the beneficiaries.
A representative of an estate and a trustee owe certain duties to the estate or trust beneficiaries, and most litigation arises from the mismanagement of trust or estate assets.
Common Types of Trust & Probate Disputes
Trust and probate disputes can arise for various reasons during the administration of an estate or trust. These conflicts often involve disagreements between beneficiaries, trustees, or executors over how assets are managed or distributed. Some common types of disputes include:
- Will Contests: Disagreements about the validity of a will, often due to concerns over undue influence, fraud, or the mental capacity of the deceased when the will was made.
- Breach of Fiduciary Duty: Claims against trustees or executors who may have mismanaged assets, failed to act in the beneficiaries’ best interests, or violated their legal obligations.
- Trustee Misconduct: Allegations of improper behavior by trustees, such as mismanagement of the trust assets, embezzlement, favoritism, or failure to follow the terms of the trust.
- Disputes Over Asset Distribution: Conflicts between beneficiaries over how assets are allocated, especially if there are ambiguous or unclear terms in the trust or will.
Each of these disputes requires careful legal handling to protect the interests of all parties involved.
Our Approach to Trust & Probate Litigation
Trust and probate litigation is often more difficult than other litigation because it usually involves family members on both sides of the lawsuit. Boatman Ricci is Truth Guided in its approach, believing that objective truth brings clarity to even the most difficult situations. We strive to help all parties to the litigation see the reality of the situation, believing that this not only creates leverage in litigation but also leads to the best outcome for families.
Boatman Ricci is also Relationship Driven, recognizing that in this most sensitive and difficult time our clients need the full support of our staff and attorneys. Although we recognize that litigation can deeply strain family relations, we strive to design creative strategies and solutions to help families move on from the conflict.
How Boatman Ricci Can Help
Boatman Ricci helps families navigate the often confusing and precarious process of probate and trust litigation. Whether you are the beneficiary of a trust or estate and believe the representative or trustee is failing to meet his duties to you, or you are the representative or trustee and have been sued by the beneficiaries for breach of your duties to them, Boatman Ricci has the experience and the knowledge to assist you. Our team brings years of litigation experience to every case, giving you peace of mind that we are doing everything possible to advance your interests and manage your lawsuit professionally and effectively.
Contact Our Experienced Florida Trust & Probate Attorneys
If you’re facing a trust or probate dispute and reside in Naples or the greater Southwest Florida area, don’t wait to protect your rights. Contact Boatman Ricci today for a consultation, and let us help you resolve the issue and safeguard your interests during this challenging time.