Helpful Assets

Foreign dissolution proceedings, like a divorce, legal separation, or business dissolution, ever-increasingly involve the discovery of international assets.

Trust administration is already a particularly difficult process, with many serious emotions after the loss of a loved one and the many conflicting interests involved in the distribution of assets.

Probate and trust litigation is a difficult situation that is not only emotionally taxing but also places your financial future at risk. These cases may be resolved by mediation before ever entering a courtroom trial, or they may need to end in court after presenting evidence to a judge who will make a decision based on the facts of the case.

Many valid inheritance disputes are unfortunately dismissed or time-barred because interested parties with valid claims do not bring them forward in time. Inheritance disputes are emotionally and financially complex, only made more challenging by the complexities of nuanced deadlines and detailed legal processes.

Inter vivos gifts are gifts given to beneficiaries during their lifetime, before they are even accounted for in a will or trust document. Lifetime giving is a viable estate planning tool that often offers several potential benefits, but it may also add unique complexities to the administration of an estate, sometimes resulting in disputes between beneficiaries and other interested parties.

A trust protector can be an important tool for adding flexibility, oversight, and long-term protection to a trust. However, the role is often misunderstood. A trust protector is not automatically a trustee, and the title alone does not define the person’s powers, duties, or liability.

In cases where a trust is unjust or inaccurate, raising a trust dispute may be necessary to protect the trust’s interests and uphold the trust creator’s wishes. However, for a beneficiary without prior legal knowledge, it can be intimidating without the appropriate background and guidance.

We see cases of financial elder abuse far too often in trust and estate administration. The well-meaning creator of a trust or will intends to leave valuable assets to their family, only to have their vulnerability exploited through tactics such as fraud or undue influence.

Trustees are placed in a role of critical responsibility, tasked with upholding the wishes of the trust creator and ensuring beneficiaries receive the inheritance they are entitled to.