Types of Estate and Fiduciary Litigation
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When it comes time to distribute the trust assets parties often have disputes over how those assets should be distributed. These issues develop between beneficiaries, trustees, or a combination of outside individuals. The Law Office of Caleb A. Petersen, LLC devotes its legal practice to trust litigation and understands the requirements of a successful outcome.
When an individual passes away, they often will have outstanding debts owed to others. In those situations, the party who is seeking reimbursement from the estate must make a written claim to the estate quickly in order to ensure he has the greatest chance to receive his money or property owed. Throughout this process it is important to find an attorney who regularly practices in probate court as there are very specific timelines and rules that apply that the average attorney may not know about.
Wills can be challenged based on a legal formality such as the will or an amendment to the will not being signed and executed properly in accordance with Missouri law. Moreover, often times there are multiple or “competing” wills presented as being the true and correct will. While some of these situations are more difficult to prove than others, Law Office of Caleb A. Petersen, LLC, can assist you to a successful will contest.
One of the most important decisions for parents to make regarding their will is the decision of who will act as guardian to their child/children if anything were to happen. In addition to parents who have passed away often times parents simply cannot care for their children for a variety of reasons and the appointment of a guardian is necessary to ensure that the minor child is cared for. The conservator has a duty to responsibly manage any assets in a way that best serve the interests of the child when he reaches maturity. They, just like someone with a fiduciary duty, owe a duty of loyalty and care to the child’s assets that require strict conscientiousness. Law Office of Caleb A. Petersen can assist you throughout the guardianship and conservatorship process.
A power of attorney vests specific legal authority in an individual, referred to as the attorney-in-fact or agent, that is designated by the principal (person creating the power of attorney). These powers given to the agent are specifically listed within each power of attorney and vary from case to case. When an agent mishandles an estate in these ways, the families and testator, if still living, can sue them to recover those assets.
Adults who suffer from mental illness, mental impairment, physical incapacitation, or some other debilitating illness can have a guardian appointed to act on their behalf. The guardians have the power to make economic decisions that are in the best interest of the disabled adult. Sometimes the court will appoint a temporary guardian over an adult until he is able to adequately represent himself again. The guardian will serve his role until the court decides the represented party is capable of independent decision-making, or chooses to appoint a permanent guardian. Allow the Law Office of Caleb A. Petersen to assist you efficiently and effectively with all your guardianship and conservatorship needs.