One of the most common legal proceedings is a will contest. The purpose of a will contest is to obtain a legal ruling on whether the instrument is valid. This process starts with determining who should benefit from it. Several types of scenarios may lead to a will contest. For example, a family finds that the deceased relative created two conflicting wills. One family member is contending that the second will was created through undue influence, rendering it invalid. It is now up to the court to decide the legitimacy of the second will.

Legal action may also be required when trust assets are commingled with personal funds, or a trustee has not disclosed pertinent information. In these cases, the beneficiaries of a trust may request an “accounting” of the trust, which is a detailed description of transactions during a certain period. Litigation for trust accounts can be highly detailed and complex. The estate and probate litigation lawyers at MHPS Law have the skill and experience to keep your interests a priority when litigating these matters.

We all want what is best for our loved ones. The court presumes that all adults are capable of making their own legal decisions, whether financial or medical. Powers of Attorney are helpful to direct who will make decisions should an adult be unable to make their own decisions. It is important to note that a power of attorney merely allows a third party to make decisions for an adult. However, when dementia or mental illness is present, it may be necessary to remove an adult’s decision-making powers with a conservatorship.

Fiduciary duty is breeched when an individual entrusted to act in the best interests of another — often a trustee or financial advisor — fails to carry out that duty.