Spokane Estate & Trust Litigation Lawyer
A person’s estate is a legal entity that exists to manage legal and financial issues when they cannot due to death or incapacity. Trusts are created to meet asset protection and estate planning goals, so they are also entities that exist separately from the grantor. As such, because they both have legal status under Washington law, estates and trusts can be a party to a lawsuit. There may be a need for the fiduciary to enforce the rights of the entity, while the estate or trust could also be named as a defendant.
Estate and trust litigation affects many parties, including testators, grantors, trustees, beneficiaries, and creditors. If you occupy any of these positions, legal representation is crucial when you become embroiled in a lawsuit. At Moulton Law Offices, our team has in-depth knowledge of the disputes that arise and types of litigation, backed by trial advocacy skills gained through experience in court. Please contact us to learn how a Spokane estate & trust litigation lawyer can assist with your case. We can set up a consultation to discuss details, and you can read on for an overview.
Lawsuits Involving Estates and Trusts: These legal entities can be part of litigation for various reasons, but the general process starts with filing a petition by a party that alleges wrongdoing. The petitioner states facts about how the other party, the respondent, allegedly violated the law. It will also include a request for relief, such as reimbursement for damages.
An estate or trust is the petitioner if it initiates litigation, but it will be defending allegations if named as a respondent. Some examples of lawsuits involving estates and trusts include:
- Beneficiary allegations about misconduct or mismanagement of trust assets;
- Disputes over claims by creditors;
- Litigation to force the fiduciary to file an accounting and inventory;
- Allegations regarding breach of fiduciary duty by the trustee or estate administrator; and,
- Personal injury lawsuits against the estate of a decedent who died after causing a fatal accident.
Legal Representation for Litigation: Lawsuits involve complicated statutes, case laws, and court rules, no matter what the basis for the case. Therefore, it is critical to retain counsel for assistance when you have an interest in an estate or trust. At Moulton Law Offices, our team has extensive trial skills on both sides of these disputes, so we are prepared to take your case to court.
Our Washington estate and trust litigation attorneys will handle such tasks as:
- Reviewing your case for the relevant legal issues;
- Developing a strategy for enforcing your rights;
- Preparing all legal filings to bring estate and trust disputes before the court;
- Responding to a petition if you have been accused of misconduct;
- Attending court for motions, status conferences, and other hearings; and,
- Representing you at trial.
You Can Rely on a Spokane Estate and Trust Litigation Lawyer
To learn more about types of lawsuits and how they affect your interests, please contact Moulton Law Offices to schedule a case analysis. A Washington estate and trust litigation attorney can provide specifics after reviewing your circumstances.