Civil Litigation

“I just got papers saying that I am incapacitated. Where can I go for help in Court?”

“I gave my nephew Power of Attorney. I just learned he sold my stock and kept the money. What can I do to get repaid?”

“My brother qualified as Executor of our mother’s estate. But as far as I can see nothing I happening and I haven’t been paid. But he’s driving a new car. What can I do?”

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There are situations where families and friends unravel; when bad things happen to good people; when good intentions are simply not enough. We are knowledgeable about the legal processes that can protect our family and friends from the predators that do exist. We can guide you through the process, and hold wrongdoers accountable for their actions.

There are a number of types of fiduciary litigation cases we accept. In general, they are those that are integral to our core firm areas of Elder Law, Estate Planning, Guardian and Conservatorships, as well as Fiduciary Administration. These cases typically fall into the following categories, although there are others:

• Disputed Guardianships / Conservatorships: this is often a disagreement between family members about whether a fiduciary is necessary, or about who is to be appointed.

• Will contests: family members may challenge a Will if the family member believes that a parent was not competent when the parent signed estate planning documents.

• Financial Abuse or Exploitation by a Fiduciary: an Agent, Conservator, Trustee, or Executor is taking advantage of an incapacitated, or improperly benefitting from an estate or trust.

• Beneficiary Representation: the beneficiary of a Trust of Estate normally has the right to know what is happening; to see the documents; and if the beneficiary feels something is not dome correctly, the beneficiary can bring suit in Court.