Trust and Estate Litigation

Wills must contain certain elements in order to be valid. When one or more of those elements are missing, the Will may be deemed invalid and unenforceable. Furthermore, if a Will is based on fraud, undue influence, duress, or a number of other factors, the Will may be invalid. Will contests take different forms depending on the factual basis on which the contest is brought. ELP can help navigate through any Will contests.

Trust contests either challenge the terms or the administration of a trust. These two types of legal actions are fundamentally different in the grounds on which each action may be brought, the elements which must be argued and proven, and the legal ramifications of the action. Let ELP help guide you through these challenges.

Probate litigation can involve legal proceedings associated with contesting a Will, disputing a trust, seeking redress for a breach of fiduciary duty, recuperating property that was wrongfully taken, addressing incapacity or undue influence issues, or other inheritance claims. ELP will fight for your rights and help navigate through these stressful issues.

Trustees and executors have a fiduciary responsibility to the beneficiaries of a trust or an estate. If you are a beneficiary of a trust or estate, and believe that the trustee or executor is not properly handling the probate administration or trust administration, call ELP today to schedule a consultation for the help you need!

When serving as a trustee, you can face claims related to breach of fiduciary duty or duty of loyalty, allegations of fraud, among other claims. It can be daunting to assume all of these responsibilities, and even more so when you face the demands and threats of unhappy beneficiaries or creditors of beneficiaries.

Seniors are often vulnerable to physical or financial abuse because they have health issues, may be dependent on others, and are generally less tech savvy. If you believe you or someone you know is a victim of elder abuse, please report it to law enforcement. Contact ELP to help you gather the necessary evidence and begin the process of protecting your interests.