Missouri Estate Disputes: When Litigation Arises & How to Handle It
If There Are Issues Regarding the Terms of a Real Estate in Missouri, Litigation Might Be the Next Move. Learn More With Haden & Colbert’s Estate Planning Attorneys
In the process of passing assets down from one person to another posthumously, it is common for certain boundaries and guidelines to appear blurred, especially when an estate plan is drafted without the presence of an attorney. These cases can get increasingly complicated as they deal with familial relationships, and multiple parties are divided over factors like inheritance and estate ownership.
Appointing an estate attorney can be beneficial for Missouri property owners and their families. Primarily, they can help you establish the terms of an estate plan early, long before the time for inheritance comes into effect. In property disputes, a lawyer like Haden & Colbert comes to the defense of their client as legal proceedings are determined. Follow along for an overview of estate litigation and schedule a discovery call with our law firm in Columbia, MO.
Estate litigation defined in Missouri
The practice of estate litigation broadly involves the distribution of real estate and other assets, typically among family members. This includes discussion of wills, inheritance, trusts, and more. Disagreements can originate from multiple scenarios, such as questioning the legitimacy of a will or a trustee taking improper action.
Most estate litigation cases in Missouri take place in probate courts, where real estate and asset distribution are the main focus. Estate litigation can quickly become a challenge to understand alone, so having an experienced lawyer to advise you is crucial to the outcome of your case.
Where can Missouri real estate or property disputes arise?
Estate disputes can occur for many different types of properties and inheriting parties besides a home. For local farmers and ranchers across Missouri, estate planning and litigation are essential services for continuing the agricultural industry at a successful rate. Haden & Colbert also includes small businesses in the process of distributing assets and ownership.
Different parties can begin a dispute for many reasons, and knowing what’s to come can ensure you are prepared to advocate for yourself in the courtroom. From will contests to undue influence, we’re willing to review the case from top to bottom before moving forward.
Types of estate litigation common in courts across Missouri
Trust disputes
Before you can understand a trust dispute, it’s important to understand what a trust is first. A trust is a legal agreement in which a grantor designates a trustee to manage their assets for the benefit of the grantor’s beneficiaries. Common beneficiaries include the grantor’s children or grandchildren. When the trust is compromised or the trustee acts out of line, this is the time to seek estate litigation solutions in Missouri. An attorney can interpret the original trust and offer insight when people disagree about the distribution of assets or suspect fraud on any of the documents.
Will contests
The next instance of estate litigation is known as a will contest. Will contests are a form of legal action taken to question the validity of a written will, and there must be a vigorous defense to prove whether the terms of a will are different from the deceased's actual wishes. This claim may be based on a forged signature or on a lack of testamentary capacity. In other words, the testator, or the person who created the will, may not have had the mental awareness to transfer their estate to others.
In cases of undue influence, the testator could have been coerced into making certain decisions on the will. Whatever the case may be, a will contest can be resolved through gathering evidence and testifying in a Missouri court.
Inheritance disputes
Sometimes, the language used in a will can be harder to define, and the broad interpretations can lead to confusion among different parties. Many of these estates and their assets have an emotional factor to them, and it can become a highly sensitive topic when people believe that others have unfairly received more than they have, or that certain items were passed to the wrong person. This is known as an inheritance dispute, and a discerning estate planning attorney can read between the lines, acting as a mediator between the inheritors in question.
Breaches of fiduciary duties
A fiduciary, such as a trustee or executor, is responsible for working on behalf of a Missouri grantor’s beneficiaries. Unfortunately, fiduciaries can cause trouble if they fail to meet their obligations. This could happen by managing funds incorrectly, misappropriating assets, or displaying negligence when it comes to the beneficiary. If you believe your trust has been tampered with, taking action with Haden & Colbert is the first step to reclaiming your future.
Non-probate asset disputes
Probate assets include any of the belongings owned by a testator at the time of their passing, such as furniture, art, real estate, vehicles, corporate partnerships, and more. However, non-probate assets deal more with trusts and joint owners, including many types of insurance policies, retirement accounts, and bank accounts with a POD (Payable on Death) or TOD (Transfer on Death) clause.
Haden & Colbert Will Review Every Detail of Your Estate Plan in Missouri & Offer Counsel Where Necessary. Contact Our Lawyers Today
If a settlement can’t be reached between beneficiaries, trustees, executors, and other parties, litigation with an attorney is necessary, and you need to act sooner rather than later. After your first consultation with Haden & Cobert, we’ll conduct a thorough investigation of evidence and records. Our diligent attorneys will also assist you in formally opening the case in court, drafting a motion for summary judgment, and negotiating at trial. Start making important decisions with our estate litigation attorneys in Columbia, MO.
