Estate Litigation: What it is and why you might need it
The period that immediately follows the death of a loved one is fraught with grief and loss. Adding stress to those feelings may be the knowledge or belief that your loved one’s last wishes cannot be fulfilled. When that is the case, estate litigation may be a course of action that an individual interested in an Estate or Trust wishes to pursue. The following scenarios provide examples of when estate litigation may be preferable or even necessary to protect your interests and ensure that the wishes of your loved one are followed.
Scenario 1: Your mother, Mary, passed away and was survived by three children, including yourself. While Mary was alive, she made a Last Will and Testament, which you are aware of. Your brother, Todd, who had difficulty maintaining a full-time job, resided with Mary at her home, until her passing.
Even before Mary passed, you had doubts about Todd’s intentions as they pertained to Mary. You now learn that a law firm that Todd patronizes drafted Mary’s Will. Your sister also tells you that on more than one occasion she saw bruises on Mary’s arms while Todd was living with her. When asked about the source of the bruises, Mary remained silent.
Mary loved to walk around the neighborhood and talk to the neighbors. After Todd moved in, no one saw Mary in the neighborhood. Mary also stopped attending Bingo every Friday night, previously her favorite activity. You recall a bizarre conversation with Mary in which she told you that Todd only wanted Mary to eat one meal a day although she paid for all the groceries and that Todd constantly asked Mary for “loans.”
Now that Mary has passed you suspect that Todd unduly influenced Mary to not only make the Will that is now being admitted to probate but threatened or coerced her to make certain testamentary dispositions. You learn that 80% of Mary’s sizeable Estate is left to Todd, with you and your sister rare to receive the remaining 20%.
Estate litigation can assist you in challenging the validity of Mary’s Will and bringing a civil proceeding against Todd for undue influence.
Scenario 2: You are a beneficiary of your father’s Estate. As an only child, your father didn’t want to burden you with the duty of administering his affairs. He named your uncle Frank, a retired CPA, as the Executor of the estate.
Well before his death, your father entered a nursing home because his advanced dementia rendered him unable to care for himself. He spent 5 years in care before passing. While your father was still alive, but in nursing care, Frank’s accounting firm fired him for mismanaging client funds and embezzlement. Frank also recently served as the Executor of the estate of another family member. During such time, he improperly used that late family member’s money for personal expenditures and failed to keep any records of his actions.
Frank is not trustworthy, and you want to object to him serving as Executor of your father’s Estate.
Estate litigation can assist you in objecting to Frank serving as Executor and allowing for someone more trustworthy to serve in the role.
Scenario 3: Your mother Rebecca, a prolific and wealthy composer, placed all her property, including her musical scores, into a Trust. Her husband, Patrick, who is not your father, is named as the Trustee of Rebecca’s Trust. While still alive, your mother shared with you that she was assigning to you the right to reproduce her works after her death. She provided you with a copy of the Trust her attorney prepared, which names you as the beneficiary of her music upon her death.
Your mother dies and word of her passing spreads within the music community. Eager to obtain one of her compositions, the Berklee College of Music contacts you. In turn, you ask Patrick for access to your mother’s home desktop computer, where you know she stored her music. For unknown reasons, Patrick refuses, stops answering your phone calls, and refuses to open the door when you stop by. All modes of communication seem to have broken down with Patrick, and you are confused as to how you will obtain your mom’s compositions.
We can assist you in compelling a Trustee to produce the Trust property that a beneficiary is entitled to.
This is not intended to be legal advice. You should contact an attorney for advice regarding your specific situation.
Lauren Scott is an associate and practices civil and commercial litigation. She can be reached by phone at 845-764-9656 and by email.