Wills

When the probate process has begun, several kinds of disputes can arise. Estate and probate disputes can involve a challenge to the Last Will itself.  There are many types of disputes that can arise, but among the most common are questions of whether the Will was validly executed, whether the Testator has capacity to execute the Will, whether the Will was procured through undue influence, or whether a relative left out of the will is legally entitled to any part of the estate. Other types of disputes involve interpreting a Will’s language, payment of creditor claims and taxes, and how and to whom certain assets should be distributed. The Firm handles all types of estate and probate disputes, including:

  • Testamentary Capacity
  • Undue influence
  • Will construction
  • Asset distribution disputes
  • Creditor Claims
  • Heirship disputes
  • Disinherited/omitted spouses and omitted child issues
  • Financial Exploitation (link)

Trusts

The use of trusts in estate planning has increased in recent years. So too has the number of disputes arising out of these trusts increased.  Trustees have fiduciary duties to act in the best interest of the trust’s beneficiaries.  Disagreements often occur over whether these duties have been fulfilled. Sometimes a trustee’s duties conflict with each other, sometimes duties to income beneficiaries conflict with duties to remainder beneficiaries, and sometimes those duties conflict with the trustee’s own desires.  The Firm handles all types of trust-related disputes, including:

  • Trust validity
  • Breach of fiduciary duty
  • Trust Accountings
  • Violations of the Prudent Investor Act
  • Trustee Removal and Appointment
  • Trust interpretation
  • Disputes between trustees and beneficiaries
  • Creditor claims

We can assist you in the event of a contested will or trust. Call the Miller Law Firm, P.A. today at (864) 527-0413.