Kennewick Estate & Trust Litigation Lawyers
The common saying is that ‘where there is a will, there is a way.’ However, probate attorneys often say that ‘where there is a will, there is someone to contest it.’ Unfortunately, this is quite true.
When a person passes away, those closest to them are in a very emotional state. They are grieving and may be resentful that the deceased did not leave them certain property, or believe another heir received more property than they should have. This can result in litigation, which can make a difficult time even harder. Below, our Kennewick estate & trust litigation lawyer explains the most common types of disputes and how to resolve them.
Will Contests
A will is final and legally binding, but that does not mean that people will try to contest, or challenge, it in court. A will contest often requires an evaluation of historical financial records, a medical knowledge of complex health care records and charts, and the retention of clear communication with medical professionals such as documents and forensic experts. Our estate and trust litigation lawyer has experience with issues such as undue influence and incapacity and can analyze the necessary information required to prove or defend claims.
Disputes Over Trusts
Our estate and trust litigation lawyer has helped many clients recover significant assets when trustees breach their fiduciary duties. In addition to taxes and other technical issues, these cases often involve high and heavy emotions on all sides. Often, alternative dispute resolution methods such as mediation and arbitration are the best ways to address these responses and to resolve any underlying dispute. Arbitration and mediation are also much less time-consuming and more affordable than going through litigation.
Contested Guardianships
Contested guardianships and Vulnerable Adult Protection Actions often need emergency court procedures to ensure the incapacitated person receives the care they need, to stop abuse, or to protect the individual’s resources. Our estate and trust litigation lawyer will work very quickly to protect your best interests. We have the necessary experience to obtain and respond to petitions for temporary restraining orders, and provide sound representation at evidentiary hearings or trials.
It is also important to note that disputes regarding guardianship often occur before other estate and trust disputes. If these matters can be handled properly, however, guardianship disputes can prevent any future litigation over how the estate of an incapacitated individual is handled. These disputes are highly sensitive in nature and so, the court usually seals the record in these matters.
Our Kennewick Estate & Trust Litigation Lawyer Can Help with Your Dispute
Whether you need to challenge part of an estate plan, or you need to defend against unfair disputes, our Kennewick estate and trust litigation can help. At Moulton Law Offices, P.S., our experienced attorney can prepare you for litigation, answer all of your questions, and give you the best chance of a positive outcome. Call us now at 1-509-328-2150, #9090 or contact us online to book an appointment and to learn more about how we can protect your best interests.
