Legal Representation in Will Contests and Trust Disputes
Probate Attorney in Massachusetts & Rhode Island
Unfortunately, there are times in life when money can indeed be the root
of all evil. This is particularly true with respect to wills and trusts
where ill-motivated parties can cause quite a ruckus and wreak havoc if
left unchecked. The reality is that when it comes to the creation and
execution of a will, the parties who may ultimately be adversely affected
may not be in a position at that time to challenge. With respect to the
formulation and administration of non-institutionally governed family
trusts, there is often little, if any, oversight. To the extent the trust
calls for any oversight, such as requiring the trustee to submit a so-called
"annual accounting," it is not strictly enforced, if policed
at all. There is fertile ground for abuse to occur in these situations.
Given the complexities of probate disputes, it is not advisable for a trustee
defending allegations of misconduct or an aggrieved beneficiary seeking
redress to go at it alone. This principle counts double where the financial
interests at stake are high. In an ideal world, parties would act in good
faith and family members would not clash with each other. Regrettably,
this is not always the case. When a controversy does arise, having competent
legal representation to ensure that the case is properly handled could
make the difference between a successful outcome and an unsatisfactory result.
D. Baker Law Group, P.C. handles a variety of disputes in probate matters,
including the following:
- Will contests based upon testamentary capacity, undue influence, and fraud
- Contested guardianships and conservatorships
- Breach of fiduciary duty and removal of personal representatives and trustees
- Reformation of trusts
- Petitions for partition of real estate
Move Forward with Peace of Mind!
Making a concerted, good faith attempt to settle a case without the necessity
of stressful, protracted, and expensive litigation should always be the
guiding principle with respect to any legal dispute. There could be no
greater example of the importance of this principle than when family member
is pitted against family member. The resolution, however, must be fair
and practicable. While litigation should be the last resort, one must
be prepared to vigorously prosecute or defend a case when reasonable attempts
to settle have failed. When the situation arises, Attorney Baker is prepared
to provide top-notch legal representation in these often entangled and
emotionally charged disputes.
David M. Baker, Esq.-
your Massachusets and Rhode Island Probate Law Attorney!
schedule your case evaluation? Simply
call our firm today.