Litigation is commonly defined as the procedure of bringing a dispute in front of a judge or jury for resolution.
There are many different issues that can result in litigation in a probate proceeding including: (1) whether a will is valid (proper execution, invalidity because of mistake, insane delusion, fraud or undue influence), (2) determining the meaning of an ambiguous provision of a will, (3) determining who should serve as personal representative, (4) determining who the heirs of the estate are, (5) determining the assets of the estate, (6) determining whether the personal representative has properly managed the trust assets, (7) determining whether a creditor has a valid claim against the estate, (8) determining whether the personal representative and agents of the personal representative have been paid excessive amounts, (9) removal of a personal representative, (10) proper payment and allocation of estate and income taxes, (11) asset distribution issues.
There are many different issues that can result in litigation in the administration of a trust including: (1) whether a trust is valid (proper execution, invalidity because of mistake, insane delusion, fraud or undue influence), (2) determining whether a trustee or beneficiary should seek judicial modification of a trust provision, (3) determining the meaning of an ambiguous provision of a trust, (4) determining who should serve as trustee, (5) determining whether the trustee has properly managed the trust assets, (6) determining the assets of the trust, (7) determining whether a creditor has a valid claim against the trust – usually through the estate, (8) determining whether the trustee and agents of the trustee have been paid excessive amounts, (9) proper payment and allocation of estate and income taxes, (10) asset distribution issues.
Rarely will you find a probate or trust attorney who truly knows what you are going through. However, Attorney Matthew Linde means it when he makes this claim.
Mr. Linde is unlike most probate or trust attorneys in that he has experienced first hand what it is like to have a family member taken advantage of just weeks before his death. Thus, he is very passionate about helping people with fiduciary, trust, guardianship and probate litigation.
Attorney Linde's father, Lee Linde was terminally ill with cancer and married a woman three weeks before he passed away. While he was heavily medicated, his new wife convinced him to sign paperwork that transferred his assets to her. Attorney Matthew Linde spent an entire year researching capacity, undue influence, fraud and other legal issues pertaining to his situation. He personally knows what it feels like to watch a family member being manipulated by someone. Mr. Linde knows that probate and trust issues involve not only money, but also emotions. This experience is what led Mr. Linde to pursue trust and estate litigation.
Contact the Linde Law Group today at (239) 939-7100 for answers to your fiduciary, trust, probate or guardianship questions.
While it can be overwhelming trying to determine the best options when facing a fiduciary, trust, probate or guardianship issue, it should be comforting to know that there is an estate lawyer who will fight hard to ensure that you obtain justice. People who are greedy and lack integrity should not get away with their unethical actions. At the Linde Law Group, we will work diligently to hold these people accountable.
The Linde Law Group regularly litigates cases involving probate and trust disputes. Some of these cases often involve:
- Fraud in the inducement
- Conversion of probate or trust assets
- Mismanagement of probate or trust assets
- Validity of trust (undue influence, insane delusion, mistake or fraud)
- Validity of will (undue influence, insane delusion, mistake or fraud)
- Determining who the personal representative or trustee
- Determining the meaning of confusing terms or paragraphs in a will or trust
Do not delay in seeking legal advice following a dispute regarding the handling of a trust or probate issue. Contact the Linde Law Group today at (239) 939-7100 for a legal consultation.
The Linde Law Group handles cases in Fort Myers, Cape Coral, Bonita Springs, Punta Gorda, Port Charlotte, Naples, Immokalee, Lee County, Charlotte County, Collier County, Henry County and Highland County.