Representative Cases: Probate Litigation

• Improper Asset Transfers/Misuse of Powers of Attorney

Represented sister in action to set aside transfers of assets resulting from manipulation by other siblings prior to father’s death. Father was suffering from dementia and investigation revealed that transfers by him to payable on death accounts excluding our client were the result of undue influence. Matter was resolved in favor of client with equitable distribution to all children.

• Removal of Trustees/Executors

Represented trust beneficiary in removal of trustee action for failure to provide trust accounting and information regarding trust asset transfers. Extreme investigation and discovery revealed improper use of trust assets by trustee resulting in expedited settlement.

• Private Settlement Agreements/Declaratory Judgments

After years of pending litigation, our attorneys were requested by family members to co-counsel complex trust matters involving significant trust established for the benefit of 23 grandchildren. Prior to our involvement family dispute and litigation ensued for 7 years regarding improper trust expenditures by family member trustees to the exclusion of client’s children. In addition, terms of trust were ambiguous resulting in questionable trust administration practices. Our attorney filed a declaratory judgment action seeking to determine the rights of the beneficiaries and to provide future guidance to the trustee. After extensive negotiations, the case was settled ending years of expensive litigation.

• Contested Guardianships

Our attorneys were appointed by the local probate court to investigate allegations of misappropriation of funds of a ward. After extensive investigation, assets were recovered. The court then appointed a suitable family member as guardian.

To find out more about how our attorneys can help with your probate litigation matter, call us at 216-273-6726 or contact us online.