Attorney
Estate litigation often arises during highly emotional times, further adding stress to an already challenging period. This litigation can take many forms, including contesting a will, addressing breaches of fiduciary duty, or resolving disputes among heirs. Such conflicts can complicate the administration of an estate and can have a significant impact on all parties involved. In this discussion, we’ll examine some of the most common reasons families find themselves in court over estate matters and how these issues can affect those involved.
Invalid Wills
Invalid wills are a frequent trigger for estate litigation. A will may be considered invalid if it fails to meet legal standards such as being properly witnessed or if the person who made the will, known as the testator, lacked the mental capacity to understand the implications of their decisions at the time. Additionally, claims of undue influence, where the testator is pressured by someone to distribute the estate in a particular way, can also render a will invalid. In these cases, we can assist either in defending the validity of a will or challenging one that may not truly reflect the testator’s wishes.
Breach of Fiduciary Duty
Breach of fiduciary duty occurs when an executor or trustee, who is responsible for managing an estate or trust, fails to act in the best interests of the beneficiaries. Common examples include mismanagement of estate assets, unauthorized use of funds, or making decisions that benefit the fiduciary at the expense of the heirs. Such actions compromise the integrity of the estate and the trust placed in its steward. When these breaches occur, it’s crucial to take swift legal action. Randall J. Bordan can identify the breaches and implement effective remedies to safeguard the estate’s assets and ensure the beneficiaries’ rights are fully protected.
Family Disputes and Disinheritance Issues
Family disputes and disinheritance issues are among the most emotionally charged reasons for estate litigation. These disputes often erupt over perceived unfairness in the distribution of assets or when a family member is unexpectedly disinherited. Such situations can escalate quickly, straining familial bonds. Randall J. Borden explores all avenues, from negotiation to litigation, to resolve these sensitive issues. We emphasize understanding and respect among parties to foster a resolution that honors the deceased’s intentions while maintaining family relationships. Whether through mediation or court proceedings, we aim to find a solution that all parties can accept, thus minimizing conflict and the emotional toll it takes.
Ambiguities in Estate Documents
Ambiguities in estate documents can lead to significant disputes among heirs and beneficiaries. Vague terms, conflicting instructions, or poorly drafted clauses can create uncertainty about the deceased’s true intentions. Such unclear provisions often result in beneficiaries interpreting the will or trust documents in ways that could conflict with one another. In handling these disputes, Randall J. Borden seeks to clarify the intent behind ambiguous language through a combination of legal analysis and, if necessary, court intervention. We work diligently to ensure the estate is distributed as the deceased intended, minimizing the potential for prolonged disputes and helping families achieve closure more swiftly.
Creditor Claims
Creditor claims in estate litigation arise when creditors assert that the deceased owed them money. These claims can significantly impact the distribution of estate assets, as creditors seek to recover debts from the estate before any distributions are made to heirs. Handling such claims involves carefully verifying each creditor’s assertion to ensure they are legitimate and properly documented. Our approach includes challenging unsubstantiated claims and negotiating with legitimate creditors to settle debts in a manner that preserves as much of the estate as possible for the beneficiaries. This process is essential in protecting the estate’s value and ensuring the heirs receive their rightful inheritance under the law.
Contact an Experienced VA and MD Estate Litigation Attorney
Randall J. Borden can help resolve your estate litigation concerns with a clear, practical approach. Don’t hesitate to reach out if you’re facing any issues regarding a will, trust, or estate distribution. Contact us today to discuss how we can assist you in protecting your rights and interests.