Probate and Trust Related Disputes
While the area of estate planning has become increasingly sophisticated, probate and trust related disputes have, unfortunately, seemingly increased as well in recent years. Among the more common sources of such disputes are the following:
Allegations that a will, trust or other estate planning document was the result of undue influence exercised upon the testator/trust grantor;
Allegations that the testator/trust grantor was of unsound mind at the time a document was executed;
Allegations that a Personal Representative (in a probate administration) or a successor Trustee (in a trust administration) has engaged in some act of malfeasance and breached the duties owed to the beneficiaries of the estate/trust; and
Conflicts as to who should properly serve as Personal Representative (in a probate administration) or successor Trustee (in a trust administration).
Parties to these kinds of disputes can find themselves quickly disadvantaged by legal representation that is not equally skilled in both litigation and the intricacies of probate and trust law. Representing clients in probate and trust related disputes has long been a core focus of Carnahan Evans. With many years of experience, and our Estate Planning and Litigation Groups regularly and effectively combine to provide clients with solid litigation expertise as well as a proficient understanding of the particular – and sometimes unique – law applicable to probate and trust matters.