There is no formula for estate planning. Every individual’s circumstances and wealth distribution goals are different. Everyone has the right to do as he pleases as long as it is within the judicial framework. Undue influence, elder abuse, fraud, menace etc. on someone else’s will doesn’t come under this framework. A will represents a person’s desire or decisions about his estate and other property of economic or emotional value to be distributed or given away to various parties which may involve family, friends, charitable organizations, and so on.
A probate or an estate litigation arises when any potential beneficiaries or family member question the validity of a deceased person’s will or testament or an amendment to the testament also known as a codicil. It is rarely easy to sort out the distribution of estate and other valuable property when families start battling it out for themselves. Hence an Oakland estate litigation attorney with fairly large experience is needed. Although mediation is always the most preferred route, with big numbers of contesting parties and property value, litigation becomes inevitable. Moreover the trust and estate litigation law requires specialized dealing since it is a combination of probate law and civil law.
Similarly, a particularly foul case is that involving breach of fiduciary duty. Plenty of times, mentally handicapped people or children are allotted a trust by their guardians or parents with an appointed trustee. When this trustee shows failure to protect the trust funds, their unlawful use for his own benefit or displays any kind dishonesty with regards to the funds, it is known as breach of fiduciary duty. This is the time to bring on an Oakland trust litigation lawyer.
It should be noted that there are deadlines beyond which the validity of a will cannot be challenged which is why having a good attorney all along helps. Disputes usually arise out of the complexities of family dynamics and legal proceedings. They can be over the construction or validity of an estate planning document or mere discontent with the decedent’s estate plan or at times the disinheritance of an heir. Yet intertwined situations such as second marriage scenarios in which a decedent’s children are in conflict with a stepparent or allegations of fraud, coercion, or undue influence definitely turn into Oakland estate litigation.
With trusts, disputes can be related to contested conservatorship proceedings or disputes over accounting in conservatorship proceedings. There may be disagreements between beneficiaries of a trust or estate and a fiduciary or over who should act as fiduciary other than the usual concerns over potential conflicts of interest.
Oakland trust litigation would involve tremendous efforts on part of the attorney and plaintiffs regarding obtaining information and investigation into undue influences and elderly abuse possibilities. Plus, it is important to gather all evidence and shut down the defendant’s escape routes of declaring bankruptcy, equity drain, etc. Once a strong case is built the defendant has to be offered the downside as a part of pressurizing to get him to confess or give in.
A good attorney understands that it is important that the real interpretation and purpose of a will or trust is recognized and applied.