by Edward TerzianTrust Litigation Blog | Insights from Inheritance Recovery
The foundation of trust litigation is the legal right to an inheritance. It is often a question whether people undergoing trust litigation issues have a right to an estate. Heirs at law are people entitled to a decedent’s inheritance as a matter of law. A relationship or a legal document can define this. When there is no legal document in place, we look to the family of the decedent when...
by Edward TerzianTrust Disputes | Resolving Issues with Inheritance Recovery
Trust disputes can arise for a variety of reasons, but they are commonly centered on the mishandling of an estate document. In situations where a Trustee breached their fiduciary duties and mishandled the Trust, removal is possible. Removal of a Trustee is not an easy process; however, it is feasible. While not common, some Trusts include specific provisions that provide beneficiaries of a...
by Edward TerzianTrust Litigation Attorneys | Inheritance Recovery
Trust litigation centers around inheritance disputes; more often than not this will include disputes over property. When beneficiaries are left a property in which they each have equal ownership there are multiple avenues that can be taken. The beneficiaries can opt to sell the property and split the assets equally, they may choose to keep the home and each remain equal owners, or in some...
by Edward TerzianTrustee Breaches Their Fiduciary Duties
One of the most common issues we see in trust litigation is a trustee that fails to uphold their fiduciary duties. Every trust is governed by a set of rules. These rules are established by the creator of the trust and are called “trust instruments”. The trustee is responsible for carrying out the terms of the trust and notifying beneficiaries about any changes in the terms of the trust....
by Edward TerzianHaving A Difficult Time Getting A Copy Of The Will Or Trust
A common issue that many people going through an inheritance dispute encounter is the inability to obtain copies of the Will or Trust. Trustees or Executors who intend to defraud an estate usually try and withhold such documents to prevent proper distribution of assets to the necessary parties. In the event that a Trustee or Executor refuses to provide a copy of the Will or Trust, there are...
by Edward TerzianInheritance Recovery – Removing Trustees
Many issues that arise within trust and will disputes are commonly caused by an unfit party placed in charge of executing the testamentary document, also referred to as a trustee or executor. When designating a trustee or executor, it is critical to choose a trustworthy, and dependable person who bear the responsibility of ensuring that the wishes of the decedent are followed through, which...
by Edward TerzianIntestacy Succession and Contests
While having an estate document prior to passing is beneficial, and ultimately facilitates a smooth transition of assets from decedent to heirs, it is not always the case where someone is able to or has made such document prior to passing. Death is undoubtedly not something we can plan for, and in this area of law we find that sometimes people pass on before they are able to record their final...
by Edward TerzianProbate Court is About Fairness
I sit here as an attorney specializing in inheritance disputes and realize that I must come to terms with the fact that those willing to take advantage of the susceptibility and vulnerability of our loved ones will inevitably fill our reality with pain, suffering and heartache. But, I take pride and solace in the fact that probate court offers me an arena to express my clients’...
by Edward TerzianTaking the Fight out of Inheritance Disputes
The passing of a family member or friend is undoubtedly an overwhelming experience, even without the heartache and emotional distress associated with an inheritance dispute. Sadly, these moments of distress and emotional heartache are all too often monopolized by those willing to take advantage of their loved one’s emotional trauma. We as a firm recognize that having to cope with grief in of...
by Edward Terzian