Marin County Estate, Trust And Elder Abuse Litigation
Will Contests And Estate Disputes
Wills are often contested on the grounds that the creator lacked testamentary capacity. In these cases, the creator of the will allegedly did not have the mental capacity to understand what he or she was doing. Will contests may also be made on the basis of undue influence when a loved one or a trusted advisor is alleged to have taken unfair steps to gain advantage in the deceased’s will and estate plan. We understand what it takes to win testamentary capacity, undue influence and other kinds of contest claims.
We represent trustees who have been accused of breaches of fiduciary duty and beneficiaries who’s rights have been violated. Trustees are given a great deal of responsibility, but they must exercise their duties honestly and with care. Not only are they required to distribute assets according to the terms of the trust, but they must also provide regular accountings to the beneficiaries and fulfill other duties. When trustees are accused of using a trust’s assets for their own ends, or of mismanaging a trust’s assets, we can defend them. We also represent beneficiaries who believe that their trust is being handled incorrectly by the trustee.