Every person who dies leaves an estate comprising the assets and debts they leave behind. Whether the deceased left a will or a trust, disputes can arise among family members over a loved one’s property and final wishes.
Estate and Trust Litigation Lawyer in Little Rock
Resolving Estate and Trust Disputes with Expertise and Care
Although the law is designed to honor the intentions of a testator or a grantor, in some cases, those intentions may be unclear or subject to interpretation. When family members cannot reach an agreement, a dispute over a deceased loved one’s estate can give rise to estate or trust litigation.
What Types of Disputes Can Lead to Estate and Trust Litigation?
Legal disputes related to the administration of estates or trusts in Arkansas can lead to litigation in probate court. One party may bring a lawsuit against another to resolve disputes over matters such as the validity of a trust or will, the distribution of the assets, or the conduct of a fiduciary, such as a personal representative (executor) or trustee. Types of estate and trust disputes litigated in probate court include the following:
Will Contests
A will contest occurs when someone challenges the validity of a will. Under Arkansas law, any interested person may contest a will by stating the grounds for objection in writing and filing them with the court.
This is a direct legal challenge by which a party seeks to have the will modified, adjusted, or declared invalid. Grounds commonly asserted in will contests include undue influence, fraud, lack of testamentary capacity, and improper execution.
Trust Disputes
Disagreements between beneficiaries and a trustee over the terms of a trust, the distribution of the assets, or the actions of the trustee can lead to litigation. Trust litigation can arise over various causes of action, including the following:
- Lack of capacity: A party questions the very basis of the trust by asserting that the grantor lacked the mental capacity to grant it.
- Undue influence: This is based on arguments that the grantor was subjected to improper influence exerted with the intention of changing the trust in favor of another individual or organization.
- Breach of fiduciary duty: Beneficiaries may bring a lawsuit against a trustee, claiming improper or ineffective management of a trust.
- Demand for accounting: Trust beneficiaries may petition the court for a full accounting of trust assets.
Guardianship and Conservatorship Disputes
In Arkansas, the court may grant guardianship when a person is incapacitated. A conservatorship may be granted when an individual chooses to have another person handle their affairs. The individual whose affairs are being managed by another is the ward. The person managing the ward’s affairs is the guardian. Disputes can arise over the need for guardianship, who was appointed as guardian, or how the ward’s assets are managed.
Fiduciary Litigation
Personal representatives and trustees are fiduciaries with a legal obligation to act in the best interests of estate beneficiaries. When they engage in misconduct or neglect of their duties, it can result in significant financial losses. Beneficiaries can act to hold trustees and personal representatives accountable for negligence or wrongdoing, and fiduciaries can defend against false accusations through litigation in probate court.
