Unfortunately, disagreements regarding the administration of an estate can arise. Sometimes the courts are the only resource available to individuals, whose rights have been violated. WPL can assist in those situations.
Claims against an estate can take varying forms and give rise to different causes of action. Typically, claims against an estate take one of the following forms:
- A lack of mental capacity on the part of a person making a will, trust, gift, or beneficiary designation.
- The imposition of undue influence upon a person making a will, trust, gift, or beneficiary designation.
- A failure to leave a surviving spouse assets, which are at least equal to the spouse’s statutory elective share.
- A sale of estate assets by the executor or administrator to himself or herself, or some other form of self-dealing during the estate administration.
- Negligence by the executor or administrator in handling the financial affairs of the estate.
- A failure by the executor or administrator to promptly conclude the administration of the estate.
- A failure by the executor or administrator to provide adequate information to the beneficiaries and other family members.
- A failure by a trustee to properly carry out the instructions provided in the will or trust agreement, or to properly invest and account for the assets.
WPL is experienced in handling these types of disputes. In the past WPL has been successful both in prosecuting legitimate claims against an estate and in defending against those who seek to profit from a loved one’s death. However, not all cases fit in the categories listed.
For instance, WPL has handled matters, where individuals have been adopted after death in an attempt to obtain an advantage in the distribution of estate assets. Other less common cases handled by WPL include claims that children, although not formerly adopted, were equitably adopted and thus entitle to an equal share of a deceased’s estate.
No two cases are exactly alike. Nevertheless, WPL has the resources and experience to insure that no matter what the basis of the claim; the matter will be aggressively handled to insure maximum recovery for our clients.