Probate, Will, Trust & Estate Representation & Litigation

We handle a wide variety of cases relating to probate, wills, trusts, and estates. These cases range from planning “simple” estates to complex will and trust litigation pertaining to multi-million dollar estates.
We handle estate administrations, small estate affidavits, refusal of letters, guardianship, conservatorship, and discovery of assets claims. For wills, we represent personal representatives, heirs and legatees in the estate administration process. When the circumstances warrant it, we have represented individuals in proceedings to remove a personal representative, for accounting, breach of fiduciary duty and requests to void a will for lack of capacity, duress, and/or undue influence.
Assistance with trust administration, as well as trust litigation and disputes, are becoming more prevalent. Our representation has extended to both trustees and beneficiaries and has included assistance with accounting and record-keeping, breach of trust proceedings, breach of fiduciary duty, petitions to modify irrevocable trusts, and petitions to remove trustees and to void trusts.
Contact with questions relative to probate, will, trust or estate representation and/or litigation.

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Will Contests, Self-Proving Wills

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Will contests are unique for several reasons. Perhaps most significantly, the burden is on the proponent of the document to prove the will was executed and that the testator possessed the requisite capacity. Many times the “proponent” of the will is the defendant in the lawsuit. So, the will contest instructions contemplate the defendant presenting…

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Trustee Abuse of Discretion Factors

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Increasingly, trust instruments grant trustees “discretion” to do certain acts. Drafters include this language to account for unanticipated circumstances and make a trustee’s life easier. But even where a trustee has discretion, they can act improperly. “A grant of absolute discretion to a trustee is not a roving commission – the trustee must be guided…

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Probate Exception to Federal Jurisdiction

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There are two main ways for a lawsuit to end up in federal court. First, if the lawsuit “arises under” federal law. This is sometimes called federal question jurisdiction. Second, if there is diversity jurisdiction. There are, in turn, two main requirements for diversity jurisdiction: the amount in controversy must exceed $75,000 and all of…

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Trust Language: “Necessary or Advisable” Distributions

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The language of a trust is extremely important. And when a will, trust, and other estate documents form part of the same plan, they are interpreted together. Indeed, “[w]hen a trust and will form parts of the same plan, they must be construed together.” Shriners Hospital for Children v. Schaper, 215 S.W.3d 185, 189-90 (Mo….

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