Trust Disputes and Probate Litigation

If you have scanned the rest of our website, you will have no doubt noted the primacy we place on proper estate planning.  We cannot stress enough the absolute necessity of thorough and careful planning of your estate.

Unfortunately, even the most carefully planned estate cannot address every possible contingency.  “Contested matters” is a broad category that describes these contingencies.  Used interchangeably with “probate litigation”, both terms cover legal actions as diverse as will/trust contests or breaches of a fiduciary duty.  An element of any estate can be contested at some point, but there are specific situations that may exacerbate or increase the chances of litigation.  They include, but certainly are not limited to:

• Multiple marriages: In the case of more than one marriage (and especially in the case where premarital agreements were not executed) the chance of disputes rise exponentially.  Indeed, the “classic” probate court case is the children of first marriage versus the spouse of the second marriage.
• “Nonstandard” estate plans: These include disproportionate division of the estate, “cutting-out” a child, creating extremely detailed trusts that attempt to run a family from the grave and, frequently, gifts to mistresses or even friends.
• Appointing the wrong fiduciary: The duties of an executor or trustee are extensive and require a great deal of time and effort and perfect honesty.  Extreme care must be taken with the choice of a fiduciary as failure to do so nearly ensures a dispute.

Perhaps a sibling disagrees with the division of a parent’s estate; perhaps a trustee has failed to perform as delineated in the trust; or perhaps there is simply a question as to what is meant by a term or phrase in the will or trust.  Any of the above cases may lead to a legal contest, and there are even more possibilities than those listed.

Communication is ever the key to good relationships, but few situations can test both communication and relationships as viscerally as the probate process.  When extraordinary estate issues arise, you will need someone to protect and assert your rights.  Northern Michigan Elder Law routinely represents executors, beneficiaries, trustees and administrators in all aspects of disputes.  We have the experience to resolve these matters amicably through mediation and negotiation.  However, we are equally well equipped and fully prepared to fight for your interests in the courtroom if necessary.