Probate, Trust and Fiduciary Litigation
Freeman Law represents clients in probate proceedings, will contests, trust and fiduciary litigation, and disputes involving the administration of estates and trusts. We represent executors, administrators, trustees, beneficiaries and heirs. Freeman Law offers a unique blend of legal skills and accounting background, a combination that positions our firm to represent clients in even the most complex probate, trust, and fiduciary litigation.
Our skilled attorneys represent clients in litigation involving the interpretation and modification of trusts, as well as competing claims by heirs and beneficiaries to assets from trusts and estates. We represent clients in breach-of-fiduciary-duty claims and litigation involving improper actions of agents under powers of attorney.
Probate, Trust and Fiduciary Litigation FAQs
Q: What Happens If You Don't Probate an Estate?
A: If an estate doesn't go through probate and it is a necessary process to transfer ownership of assets, the heirs could sue the executor for failing to do their job. The heirs may not receive what they are entitled to. They may be legally allowed to file a lawsuit to get what they are owed.
Q: What is a Fiduciary Litigation Session?
A: Specifically, the FLS handles contested matters, including contested wills, trust accounts, contests over who should be a trustee or personal representative, invested trust cases, removal of fiduciaries, equity complaints, etc.
Q: What is a Fiduciary Lawsuit?
A:If the board of directors or individual board members have breached a fiduciary duty to the shareholders, the shareholders can bring a lawsuit to protect their interests.
Q: Is a Fiduciary the Same as an Executor?
A: “Fiduciary” - An individual or trust company that acts for the benefit of another. ... “Executor or Executrix” - (Also called “personal representative” An individual or trust company that settles the estate of a testator according to the terms of the will.
Q: Can You Sue for Breach of Fiduciary Duty?
A: It is legally permitted for the wronged individual to sue for and receive damages as well as any profits made by the fiduciary in breach of their fiduciary duty. Breaches of fiduciary duty can have significant consequences not only for the fiduciary's finances but also on their reputation.
Q: How Serious is a Breach of Fiduciary Duty?
A: An accusation of a breach of fiduciary duty can hurt the reputation of a professional. A client can end a professional relationship because they do not trust in a professional's care of the required fiduciary duty. If a breach of duty case proceeds to the courts, steeper consequences can result.
Q: What is Fiduciary Abuse?
A: Fiduciary abuse means a situation in which any person who is the caretaker of, or who stands in a position of trust to, an adult, takes, secretes, or appropriates their money or property to any use or purpose, not in the due and lawful execution of such person's trust or benefit.
Q: Can an Executor Take Everything?
A: No. An executor of a will cannot take everything unless they are the will's sole beneficiary. An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary. Serving as an executor only entitles someone to receive an executor fee.