Kentucky Probate Attorneys
Probate refers to the process of settling a decedent’s estate. When a person dies there are debts that must be paid, financial matters that must be settled and property that must be distributed. The process can be overwhelming – there are people who must be notified and procedures that need to be followed. Our firm has helped many people get through the administration and litigation of probate, and we are here to help you.
In some cases, disputes may arise during the probate or administration of an estate that require litigation to resolve. Estate and probate litigation can take on many forms, including:
Despite all the thought and hard work you put into writing your will, someone may always contest it. A person may contest your will within the first two years following your death. Grounds for contesting a will include:
- Allegations that the testator was subject to fraud or undue influence
- The will’s failure to conform to legal formalities
- Testator was not of sound body and mind
Whether you believe you have grounds to contest a will, or need legal advice because a loved one’s will is being contested, we can help you.
Litigation of Trusts
Trust litigation allows interested parties to the trust to initiate legal proceedings regarding:
- Administration and distribution of the trust
- Appointment or removal of a trustee
- Fee reviews
- Determination of beneficiaries
Trusts, and trust litigation, can be complicated, and legal representation is essential in these matters.
If you are the parent of a minor child, you most likely appointed a guardian in your will who will assume your parental duties if you die before your children are grown. If you have not provided for a guardian through your will, the court may appoint one of its own choosing. In either case, disputes may arise, and legal representation may be necessary, where a designated guardian is challenged or another party feels more fit for appointment.
Breach of Fiduciary Duty
A fiduciary is a person who is under a legal duty to act in the best interests of another party. Trustees, executors, and guardians, for instance, are all considered fiduciaries under the law as they are obligated to act for the benefit of another, be it the beneficiaries under a will or trust, or a minor whose legal needs must be looked after.
Fiduciary duties include the obligations to act in good faith, to be honest, to invite confidence and trust, and to be loyal. A breach occurs when the fiduciary acts in any way adverse to these duties – conflicts of interest and acts of dishonesty by the fiduciary are the most frequent examples of what constitutes a breach. The probate setting is especially ripe for breaches of this nature to occur; our firm makes sure any such breaches are remedied appropriately.
For more information you may contact us, or visit our probate faqs page.
Because probate cases often overlap with civil lawsuits, a probate attorney with knowledge and experience in general civil litigation is invaluable to ensuring your interests are protected in court. Contact us to schedule your free initial consultation to find out how we can help you.