Probate and Trust Litigation
Protecting your rights and resolving disputes
Whether you’re a beneficiary, trustee, or executor, navigating these disputes requires careful legal guidance and a clear understanding of your rights. At Sowerby & Moustakis Law, we’re here to help you resolve probate and trust disputes efficiently and fairly, ensuring that your interests are protected every step of the way.
Common Causes of Probate and Trust Disputes
Will Contests
A will contest occurs when someone challenges the validity of a will, often due to concerns about the decedent’s mental capacity, undue influence, or the existence of a more recent will. If you believe a will does not accurately reflect the decedent’s wishes, or if you are defending a will against such a challenge, we’re here to represent your interests.
Trust Disputes
Trust disputes can arise over issues such as the interpretation of trust terms, the actions of the trustee, or disagreements among beneficiaries. These disputes may involve questions about how assets are being managed, distributed, or whether the trustee is fulfilling their fiduciary duties.
Breach of
Fiduciary Duty
Executors and trustees have a legal obligation to act in the best interests of the beneficiaries. If an executor or trustee fails to perform their duties, acts dishonestly, or mismanages the estate or trust, they may be held accountable through litigation. If you suspect a breach of fiduciary duty, or if you’re an executor or trustee facing allegations, we can help.
Will Contests
A will contest occurs when someone challenges the validity of a will, often due to concerns about the decedent’s mental capacity, undue influence, or the existence of a more recent will. If you believe a will does not accurately reflect the decedent’s wishes, or if you are defending a will against such a challenge, we’re here to represent your interests.
Trust Disputes
Trust disputes can arise over issues such as the interpretation of trust terms, the actions of the trustee, or disagreements among beneficiaries. These disputes may involve questions about how assets are being managed, distributed, or whether the trustee is fulfilling their fiduciary duties.
Breach of Fiduciary Duty
Executors and trustees have a legal obligation to act in the best interests of the beneficiaries. If an executor or trustee fails to perform their duties, acts dishonestly, or mismanages the estate or trust, they may be held accountable through litigation. If you suspect a breach of fiduciary duty, or if you’re an executor or trustee facing allegations, we can help.
Our Approach to Probate and Trust Litigation
We understand that probate and trust disputes can be deeply personal and emotionally taxing. Our approach is centered on protecting your rights while seeking efficient and effective resolutions to the conflict:
Initial
Consultation
We begin by listening to your concerns and reviewing the details of your situation. Whether you’re challenging a will, defending a trust, or addressing concerns about an executor or trustee, we’ll work with you to understand the specific issues at hand.
Exploring
Resolution Options
While litigation is sometimes necessary, we also explore alternative dispute resolution methods such as mediation or negotiation, which can save time, money, and stress. Our goal is to find a resolution that meets your needs without unnecessary conflict.
Litigation and
Advocacy
If litigation is unavoidable, we’ll represent you in court, presenting a strong and clear case on your behalf. We’ll handle all aspects of the legal process, from gathering evidence to presenting arguments, while keeping you informed and involved every step of the way.
Initial
Consultation
We begin by listening to your concerns and reviewing the details of your situation. Whether you’re challenging a will, defending a trust, or addressing concerns about an executor or trustee, we’ll work with you to understand the specific issues at hand.
Exploring
Resolution Options
While litigation is sometimes necessary, we also explore alternative dispute resolution methods such as mediation or negotiation, which can save time, money, and stress. Our goal is to find a resolution that meets your needs without unnecessary conflict.
Litigation and
Advocacy
If litigation is unavoidable, we’ll represent you in court, presenting a strong and clear case on your behalf. We’ll handle all aspects of the legal process, from gathering evidence to presenting arguments, while keeping you informed and involved every step of the way.
“Peter Moustakis was excellent. He made what we wanted to accomplish easy. This is something that I kept putting off, and Peter put our worries to rest. The whole process flowed nicely.”
- ERIC G.
Frequently Asked Questions About
Probate and Trust Litigation
What are the grounds for contesting a will?
A will can be contested on several grounds, including lack of mental capacity, undue influence, fraud, or the existence of a more recent will. If you believe a will is invalid, we’ll help you evaluate your case and determine the best course of action.
What happens if a trustee breaches their fiduciary duty?
If a trustee breaches their fiduciary duty, they can be held legally accountable and may be required to compensate the trust for any losses. We can help you take action to address any misconduct and protect your interests.
Can probate and trust disputes be resolved outside of court?
Yes, many disputes can be resolved through mediation or negotiation, which are often less adversarial and more cost-effective than going to court. We’ll help you explore all available options to find the best resolution for your situation.
Frequently Asked Questions About
Probate and Trust Litigation
What are the grounds for contesting a will?
A will can be contested on several grounds, including lack of mental capacity, undue influence, fraud, or the existence of a more recent will. If you believe a will is invalid, we’ll help you evaluate your case and determine the best course of action.
What happens if a trustee breaches their fiduciary duty?
If a trustee breaches their fiduciary duty, they can be held legally accountable and may be required to compensate the trust for any losses. We can help you take action to address any misconduct and protect your interests.
Can probate and trust disputes be resolved outside of court?
Yes, many disputes can be resolved through mediation or negotiation, which are often less adversarial and more cost-effective than going to court. We’ll help you explore all available options to find the best resolution for your situation.
“I can't thank Peter Moustakis and the the staff at Sowerby & Moustakis Law, PLLC enough for all their help with our Estate Planning and LLC formation needs.”
- ANDREW S.
