What Is Litigation, and When Is It Necessary?
Even with the best-planned estates, disputes can arise between co-fiduciaries, between beneficiaries, and between fiduciaries and beneficiaries. We view litigation as a last, but sometimes necessary, resort. Because these disputes involve family members, it is preferable to solve disputes without invoking the cost and acrimony of a lawsuit. After all, most people build up wealth to benefit their family, not to create rifts within the family.
In our experience, it is helpful for all parties to sit down with a seasoned professional who can provide an objective assessment of the rights and obligations of the respective parties. If the parties are willing, doing so can prevent molehills from becoming mountains.
How We Can Help
When parties cannot resolve their differences amicably, we can protect executors and trustees from aggressive beneficiaries who have unreasonable expectations. We can also protect beneficiaries from breaches of fiduciary duties by executors or trustees and help resolve ambiguities in estate planning documents by seeking court guidance.