Las Vegas Trust & Estate Litigation Lawyers
Disputes can arise between parties during a probate or trust administration which may require court intervention to resolve (referred to as litigation). Probate and trust litigation can be a stressful experience, involving high-risk exposure and unpredictable results. When that happens, people need a Las Vegas trust and estate litigation lawyer whose judgement and knowledge they can trust. The attorneys at Robert L. Bolick, Ltd. have spent over 55 collective years serving clients throughout Las Vegas and Nevada in successfully counseling clients through every aspect of litigation, including discovery, motion practice, mediations, settlement conferences, and trial.
The attorneys at Robert L. Bolick, Ltd. understand how to handle challenging disputes when they arise.
Call the office today at 702-690-9090 or contact us online to set up a free consultation.
What Does a Trusts & Estates Litigation Lawyer Do?
Trusts and estates litigation covers a wide array of legal issues. What we can do for you in litigating a case depends on the specific circumstances of your case. For instance, a trust or will dispute can arise over the validity of the creation of a trust or will as well as to the various rights of each of the beneficiaries. Disputes may arise over whether the person who created the trust or will had the required mental capacity when he or she created the transfer instrument. Disputes may also arise if one person unduly influenced someone to such an extent that the trust or will was an expression of the intent of another person instead of the true intent of the person who created it. Such disputes can involve an alleged breach of fiduciary duties by the trustee or administrator.
What is Fiduciary Duty?
Fiduciary duty is the legal term for the responsibility the fiduciary assumes when they are granted authority over the estate.
Fiduciary duty components:
- To ensure all assets for the estate are accounted for.
- To comply with the terms of the trust as expressed by the grantor.
- To be loyal to the beneficiaries.
- To be impartial with all beneficiaries.
- To be prudent in the management of the assets.
As you can see, these components are subject to personal interpretation. In the event of a lawsuit, that interpretation is left to a judge or arbitrator. When subjective judgement is involved in the practice of law, it’s certainly possible that the outcome could hinge upon how well an experienced attorney presents a client’s case.
There are as many possibilities that could trigger a lawsuit for breach of fiduciary duty as there are trustees and beneficiaries.
Common scenarios include:
- The trustee is given leeway to invest the trust’s money and there are substantial losses. Was the trustee’s investment judgment prudent or not?
- A trustee is accused of using the funds in the trust for personal use. This is commingling and it is a serious offense.
- A trustee is granted authority to determine when a beneficiary should receive their inheritance. This might happen if a grantor wants one of their adult children to take certain lifestyle steps before receiving money. The trustee is the one left to decide if those steps have been adequately taken. If a beneficiary believes they are being unjustly denied their inheritance, a judge or arbitrator may have to decide who’s right.
Whether you are a beneficiary who isn’t sure you are receiving proper treatment from a trustee or are a trustee being unjustly accused of improperly administering a trust, contact us for a strategy session to learn how to protect and enforce your legal rights.
Call the office today at 702-690-9090 or contact us online.
We have over 55+ years of collective experience in trust and estate litigation and offer a free consultation.
