When someone attempts to take advantage of a vulnerable adult and acts to change the victim’s intended disposition of his or her estate, damage occurs to the previous designated beneficiaries and to innocent family members. Unfortunately, the victim’s lips are sealed by death or incapacity and the wrongdoer’s lips are sealed by self-interest. Our attorneys can act quickly to challenge fraudulent documents, protect the decedent’s true intentions, and validate the rights of the wrongfully excluded heirs.
With our significant experience as trial lawyers and our in-depth knowledge of probate and trust law, our attorneys can act quickly to challenge the questionable trust or will, challenge the acts of a personal representative or trustee acting in breach of his or her fiduciary duties, and initiate action to right wrongs being committed by an unscrupulous opportunist.
Whether you are dealing with claims of fraud, undue influence, lack of testamentary capacity, breach of fiduciary duty, or any other disagreement, you can trust our attorneys to act on your behalf and guide you through the troubled waters of litigation.
Probate law can be complex and an inexperienced personal representative charged with carrying out the provisions of a will can often become overwhelmed and make costly mistakes.
The probate attorneys at Wintter Law can help you administer the estate in accordance with the terms of the will, avoid errors, and reduce the risk of future litigation. Our probate lawyers will help you minimize taxes, file the appropriate tax returns, inventory the estate’s assets, complete the final accounting, and make timely distributions to creditors and beneficiaries while protecting the personal representative from potential liability.
At Wintter Law we will protect the personal representative, safeguard the assets, timely notify the creditors, and satisfy the provisions of the will to the benefit of all interested parties.
When disputes arise over the creation and administration of a trust, it can cause untold problems for family members, trustees, and beneficiaries, take an emotional toll on family members, and even threaten the financial stability of the parties. The trust litigation attorneys at Wintter Law will guide you through the litigation process and help to facilitate a resolution.
A trust provides for the distribution of property to heirs and beneficiaries through the administration of the trust assets by a trustee. Under certain circumstances, the administration of a trust can commence before the grantor’s death. Trust administration is complicated and it is easy for an inexperienced trustee to make serious mistakes that can subject the trustee to personal liability.
With the help of our trust administration lawyers, error can be avoided and the risk of litigation can be minimized. Our trust administration legal team will help you through every step of the process, including marshaling the assets, preparing required notices to beneficiaries, preparing an annual accounting of the trust transactions, preparing documents to limit the trustee’s exposure to liability, distributing property, filing taxes, and other services.
Establishing a guardianship for your loved one, whether he or she is a minor or an incapacitated adult, is a complicated procedure that can take an emotional toll.
We will walk you through every step of the procedure, from the initial court petition to filing the annual accountings and annual plans. In addition, we will provide sensitive, compassionate guidance in choosing caregivers and medical facilities for your vulnerable family member.
Though courts try to make guardianship decisions that are in the best interest of the incapacitated individual, guardianships are sometimes challenged due to accusations of emotional, physical, or financial abuse.
Whether you are a guardian being unfairly accused or you are a family member concerned about your loved one’s well-being, guardianship litigation is extremely stressful. Let us use our decades of experience to help guide you to a resolution of the issues facing both vulnerable adults and their families.
Every adult should have a distribution plan for their assets in the event of death, no matter how large or small the assets may be. As experienced estate planning attorneys, we can help ensure that your estate plan is properly documented and implemented to achieve your objectives and avoid disharmony.
There are generally two types of people who have standing to contest a will – the named beneficiary and the person or persons who would inherit property if the will is proved to be invalid. However, a will contest will not be successful simply because the terms of the document are unfair. In order to successfully prosecute a will contest, one of four factual scenarios must be present. The probate litigators at Wintter Law can explain these scenarios and what it will take to prove each of them in court.