Services

Trust, Estate, & Elder Law Litigation Services

Trust, estate, and elder law litigation is an area that all parties wish to avoid, but there are situations when beneficiaries contest the financial plans made by a Trustor/decedent or when unscrupulous individuals appropriate funds from a trusting individual's business or personal bank account, something that is known as "elder financial abuse." There are numerous precautions that can and should be taken in order to avoid such situations. Otherwise, litigation must be pursued determine the competency of the Trustor, follow the wishes of the Trustor, or force a personal representative to account for estate assets.

	Read about the contesting of Wills and Trusts, "no contest" clauses, and appropriate steps to take to ensure the proper disposition of your Will or trust instruments.
	Read Pat and Conrad Wilkinson's article: "Financial Abuse: A Case Study & Litigation Guide for the Elder Law Attorney," published in the Summer 2003 issue of the Naela Quarterly, the Journal of the National Academy of Elder Law Attorneys
	Read Pat Wilkinson's article: "A Recent Elder Financial Abuse Case," published in the September 2000 issue of the Legal Network News, and which was handled by our firm. The article discusses a case of inappropriate financial maneuverings by a family friend who was also the bookkeeper for the family's businesses, the options that were available to the family and attorneys, and the actions that were taken to successfully defend this case.
	Review a case study: Ensuring an "Integrated Estate Plan." It involves a client with a Revocable Living Trust (RLT), several additional trust instruments, a "no contest" clause included in the RLT, and a beneficiary who chooses to dispute the Trust.