Monday, December 6, 2010

Estate Litigation

Society, in general, has become more and more litigious in nature. One of the most common topics that appear before the judicial system is estate litigation. Claims of undue influence over the testator, an individual dying intestate and objections to estate accounting are just a few examples of situations that can lead to Estate Litigation.

When one individual or entity has been placed in a position of power or influence over an individual there exists a fiduciary relationship between the adviser and the party with diminished capacity. The adviser is required to act in good faith on behalf of that party who is in need of guidance however, in some cases the adviser may use its authority in a manner such that its interests are placed before the desires and wishes of the party to which it has been assigned to protect. Undue influence can only be claimed if the adviser benefits in some way by making choices or decisions on behalf of another thereby committing an act of fraud, which could result in a litigation action being brought against them.

If an individual dies and has not prepared a will the division of assets and responsibility of debts is usually governed by the jurisdiction presiding over the estate. Unfortunately this can cause a variety of problems depending on the number of heirs and the desires of the heirs from funeral arrangements, burial and exactly who is entitled to receive personal and real property. The decedent may have expressed at one time that he or she wished to be buried at sea or that a favorite niece was to have his/her silver candlesticks in the event of their death. Without documentation of these desires, the laws of the state will direct how these matters are to be handled, and if an heir objects to these decisions then the person or persons may find themselves involved in a case in need of a Los Angeles estate litigation attorney.

Monitoring and accounting the estate's activities is one way interested parties can be involved and informed of the estate process. This is also an avenue that opens up many debates as to whether or not the estate is being properly managed. A review of the estate accounting may reveal lost investments or even that assets have been omitted. If the estate executor is not looking out for the best interest of the estate and its beneficiaries there could be grounds to pursue litigation against the executor for breach of fiduciary duties.

With so many intricacies to estate law it is best to remember that proper estate planning is imperative, as well as placing trustworthy persons in charge of the decision making process.

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