Representing Fiduciaries: Executors, Trustees, and Agents
Today, the defense of a fiduciary in an estate or trust litigation setting requires special knowledge of the substantive law governing the actions of fiduciaries and beneficiaries.
Ferguson Walton & Shansab, PLLC has broad and deep experience in the defense of executors, administrators, and trustees, as well as attorneys-in-fact or agents, against claims by opportunistic third parties, dissatisfied beneficiaries, and disgruntled former acquaintances or relations of the decedent or settlor of a trust.
Sometimes, a fiduciary must seek the aid and direction of the court to be assured of the protections of law, or to modify, amend, or terminate the terms of a trust. We also represent fiduciaries in pursuing litigation against those who may be liable to the estate or trust on leases, general contractual obligations, or duties arising from misconduct toward the decedent or the decedent's estate or trust.
When a fiduciary fails to account, mismanages the investments of the estate or trust, engages in self-dealing, or pursues a biased course of conduct toward one or more of the beneficiaries, fiduciary duties may be violated.
Were the assets of your loved ones taken by an unscrupulous attorney in fact or agent under a power of attorney, or by a caretaker, shortly before their death or disability? Do you have a spousal claim after being "disinherited" by your spouse? Have assets gone missing, or do you remain in the dark about the financial affairs of the estate or trust? Do you face a "No Contest" provision in a will or a trust?
This is a complex field of law. Sometimes statutes of limitation can forever bar a claim if it is not pursued in a timely manner. Contact us to consult about your rights as a beneficiary.
Estate & Trust Litigation Services
Ferguson Walton & Shansab, PLLC offers a variety of estate planning tools and techniques, including:
- Accounting Claims
- Commissioner of Accounts Hearings
- Contribution Claims
- Constructive Trusts
- Contempt Claims
- Conservatorship and Defense
- Debts and Demands Hearings
- Exceptions to Reports
- Fiduciary Duty Claims
- Inter Partes Probate
- Petition for Accounting of Agent
- Removal of Executor or Trustee
- Show Cause Hearings
- Spousal Rights / Elective Share Claims
- Suit for Aid and Direction
- Suit to Construe Trust
- Suit to Construe Will
- Suit to Establish Will
- Surcharge of Accountings
- Trust Contests
- Trustee Substitutions
- Unjust Enrichment
- Waste of Assets
- Will Contests
To learn more, schedule an appointment.