When Disputes Arise In The Estate Or Trust Administration Process
When a potential beneficiary seeks to contest a will, or when a challenge arises of the efficacy of the estate administrator or other disputes emerge, it can be a very difficult situation. In addition to the legal complications involved, family relationships can be strained, positions become entrenched and all of this happens in an already difficult time of mourning and loss.
At Herbert Machnik Law Firm, we handle trust and estate administration disputes for clients in Kalamazoo, Jackson and throughout the surrounding areas in Michigan. Our attorneys combine unique knowledge and experience with real-world understanding and compassion. We understand that you are grieving the loss of a family member or other loved one, and we understand that there could be extremely complex relational dynamics involved in your case. In addition to our legal experience and knowledge, we help our clients navigate the real-world context of estate disputes.
Finding Solutions In A Range Of Complex Estate Dispute Matters
We represent clients in disputes involving:
- Will contests: Potential beneficiaries can challenge the validity of a will, from undue influence, lack of testamentary capacity, forgery or other types of falsification or error in writing up the will.
- Interpretation of the will: There are numerous potential interpretations possible in every clause of a will. When interpretations differ, potential beneficiaries will dispute the correct meaning and result.
- Breach of fiduciary duty: The will executor or estate administrator carries a fiduciary duty, which means they have to always act in the best interests of the principal (the person who wrote the will). Also, there are specific rules as to how the administrator handles the process, with strict accounting requirements. When executors and administrators err in their duties, the other people involved can bring lawsuits to have them removed and provide compensation for the losses that result from their errors.
We can represent you regardless of your role or interest in the estate administration process.
Seeking Amicable Resolution Whenever Possible
In most cases, disputes can be resolved without having the stress and expense of courtroom litigation. Our lawyers always seek amicable solutions through mediation as the first and preferred option. However, successful mediation requires both parties to be reasonable and to pursue a resolution together. When that fails, our attorneys have the experience and knowledge to fight aggressively for our clients in the courtroom.
Regardless of how your case proceeds, we will make sure to work with you to handle the personal and family dynamics with empathy and care.