|
Probate |
|
|
With the passing of a friend or loved one, there is usually an estate, or property and other assets left by that person to specified beneficiaries if there is a Last Will and Testament, or to be divided under the law if the person passes without a Will, or intestate. If there is a Will, then an executor or executrix will have been designated as the person to administer the estate, divide the assets, pay taxes and other bills of the decedent, and close the estate. If the decedent passes without a will then an administrator will be appointed by the court, mostly after application for letters of administration by a relative or close friend.
At times, there are problems with this administration. This could result from a mistake or a purposeful action on the part of the estates representative. The representative has a fiduciary relationship with the beneficiaries, that is, one of responsibility, trust and duty. |
All actions of the representative, by law, must be made in the best interests of the beneficiaries, not as self-serving transactions contrary to the best interests of the beneficiaries. When actions such as this are suspected, the beneficiaries have a legal right to take action to stop the improper conduct and require an audit of the administrator's transactions. At times the representative must be removed and required to reimburse the estate for any improper distributions.
We realize that many times this type of litigation involves family members as the parties. We do our best to be sensitive to the problems caused by feuding between brothers and sisters, cousins or other family relationships. As with all matters, we attempt to explore settlement in an honorable fashion prior to trial.
Matters such as this are handled in the Probate Courts of this state. I have been successful for the beneficiaries on all challenges to the fiduciary representative this firm has undertaken. Most cases resulted in the representative being removed, the estate reimbursed and attorney fees assessed.
|
