Did you know that there are many different types of disputes and challenges that can emerge in the process of probating a loved one’s estate? In Louisiana this process of probate is referred to as succession.
Stepping forward as an executor of an estate you might assume that it will be relatively straight forward to collect all of the assets, file the necessary paperwork and tax returns, and distribute any remaining assets to beneficiaries after that process is complete. Unfortunately, however, probate litigation can emerge that adds significant costs and delays to the completion of the succession process. In these circumstances, you’ll want the support of an experienced Louisiana probate litigation lawyer.
The reason for this is because these situations can become very complex fast and an executor has some personal liability for any mistakes or mismanagement that occurs in the process of probate. It is important to understand all of the different options available to you and a probate litigation attorney in Louisiana will walk you through this process so that you can understand the potential impact of probate litigation and how to prepare for it.
Trust Administration Claim Types
One common type of probate litigation falls under the umbrella of trust administration claims. Trustees are the appointed individuals who are responsible for administering a trust and they are held to the highest level of fiduciary responsibility, meaning they must act within the best interests of the beneficiary.
If you are currently involved in a dispute relating to the administration of a Louisiana trust or if you are a trustee who has recently been accused of breach of fiduciary duty, you need a knowledgeable litigation team to support you in handling these claims. Breach of fiduciary duty associated with trustees can include things like:
- Conflict of investment interests.
- Negligent or incompetent management.
- Theft of trust funds or fraud.
- Disloyalty or collusion to heirs and beneficiaries.
- Co-mingling personal accounts with trust funds.
- Failing to communicate with beneficiaries.
This is just one example of the complexity of estate and probate litigation claims that can occur. The sooner that you retain an attorney to help answer your questions and to gather the evidence that you will need in order to proceed with or respond to these claims, the easier it will be to navigate the complicated process of probate litigation. As a Louisiana probate litigation attorney can tell you, another common type of case has to do with contested wills.
Understanding Contested Will Probate Litigation
In the succession process in Louisiana, one significant roadblock that can emerge early on is a contested will. Will challenges, particularly in high asset estates can create very complex business and property issues. Retaining an attorney to complete a strategic analysis of the estate plan and the entirety of their assets to effectively resolve will contests can be an important step to take to minimize the executor’s involvement.
Some of the most common problems associated with contested wills include undue influence, domicile problems, form and format issues, forgery, alleged inaccuracies in the will, fraudulent activities that occur at the time of the will’s creation, improper executor actions and lack of testamentary capacity by the decedent. No matter how you became involved in a probate litigation case, such as as a beneficiary in which you are curious about how this will affect the distribution of assets, or if you believe that the currently submitted will is not the accurate one, or if you are a current beneficiary under the submitted will and believe that you may lose access to what your loved ones intended you to get. You deserve to have legal representation to help you during this difficult time and it can make a big difference to the outcome of the case.