Estate And Trust Litigation Attorney
Disputes frequently arise after someone dies, and there may be litigation involving whether the estate plan is valid, whether someone took advantage of the decedent, and what was intended by the estate plan documents where the documents were poorly drafted.
The Law Office of Thomas E. Rossmeissl is here for you when issues arise. As an estate litigation attorney, Mr. Rossmeissl advocates for individuals when estate and trust administration issues arise.
Common Causes For Trust Litigation
Trusts involve the distribution of assets after a death and often disagreements arise. Many factors can contribute to a dispute and the need for legal intervention, but some common causes for the litigation of a trust include:
- Changes that were made shortly before death, or made in secret, benefitting one beneficiary over another
- Circumstances where the validity of the trust can be questioned, such as diminished capacity of the person creating the trust, undue influence exercised over him or her by others, or outright forgery of the person’s signature
- Ambiguous provisions in a trust leading to varying interpretations of the language used
- Misappropriation of trust assets by a caregiver, trustee or beneficiary
- Mismanagement of a trust by a trustee
- A trustee’s failure to comply with the terms of the trust
If you are the trustee of a trust or the beneficiary of a trust, Mr. Rossmeissl can answer your questions and fight on your behalf.
Common Causes For Estate Litigation
Estate litigation can happen even when the decedent planned thoroughly. When an estate is administered, there are plenty of opportunities for complications — whether it be due to the complaints of a beneficiary, administrator or creditor. Two common reasons for estate litigation include:
- Creditor disputes brought by persons who contend that the decedent owed them money
- Will contests where someone challenges the validity of a will, claiming that the document was forged, or was procured through undue influence, or was obtained when the person no longer had capacity
If you have questions about the validity of a will or a creditor’s claims, you can act. As your estate litigation lawyer, Mr. Rossmeissl will answer your questions and create a plan of action to address your concerns.
Undue Influence Can Invalidate A Will or Trust
All the hard work that goes into drafting a will and estate plan can be compromised by one bad-acting person. That person may be your elderly loved one’s caregiver, family member, neighbor, or someone else. Through their proximity to and relationship with your loved one, they may see an estate plan as a financial opportunity. They may seek to influence your loved one to include them in the will or trust, to the exclusion of the family and friends.
In Los Gatos, undue influence can be all the more likely for vulnerable seniors who do not have the means to stand up for themselves. Thomas Rossmeissl fights for elderly loved ones and their families who are facing this painful situation.
What Undue Influence Can Look Like
California families should be on the lookout for the typical signs of undue influence:
- An elderly loved one has become increasingly isolated and withdrawn from everyone but the suspected undue influencer
- The elderly person can no longer answer pertinent questions about their finances, as the influencer may have taken control of those matters
- The elderly person’s trust or will undergoes drastic changes in a short period of time
Many states, including California, require that the terms of a person’s will or trust be respected, and recognize that a will or trust obtained by undue influence is invalid.
As such, proving that undue influence occurred can bring justice by setting aside trusts or wills that were obtained by overcoming the will of the elderly or susceptible person. When undue influence is established, the documents so procured are invalid, and the assets will be distributed according to the prior plan that was executed without any undue influence. These challenges can be difficult, especially if a loved one has passed or no longer has capacity. Thomas Rossmeissl is aware of how confusing and stressful this situation can be and is prepared to help families move forward and address this situation.
What Can Happen Afterward?
There are two alternatives after successfully setting aside estate plans procured through undue influence. First, if a previous will or trust exists that is free of undue influence, then those documents will control the disposition f the estate. If no previous will or trust exists, then the estate will pass according to California’s laws of intestate succession.
Thomas Rossmeissl is ready to answer your questions and address your worries on undue influence. You can get in touch with the Law Office of Thomas E. Rossmeissl through the online form or by dialing 408-883-3197.
Seeking Positive Resolutions During Difficult Times
Mr. Rossmeissl represents fiduciaries and beneficiaries in trust- and estate-related disputes, advocating to ensure that the trust and law are properly followed and that the beneficiaries receive all that they are entitled to receive. He is skilled in recognizing where disputes can and should be resolved through cooperation, compromise or mediation. Throughout his years of experience, he has successfully resolved many difficult and heated disputes through mediation and settlement, and he has also successfully taken disputes through trial and appeal.
If you have a concern about a trust or loved one’s estate, contact the Law Office of Thomas E. Rossmeissl by filling out the online form or calling 408-883-3197. Located in Los Gatos, Mr. Rossmeissl proudly serves California residents throughout all surrounding areas.