Probate and trust disputes

 

Thankfully, most estates are settled without a need for the court to resolve disputes between beneficiaries. However, when disputes do arise related to a probate or trust, these disputes are often very complex cases that require help from an experienced probate and trust attorney.    

 

Breach of fiduciary duty

 

Many probate or trust disputes happen when a fiduciary (that is, a power of attorney, personal representative, or trustee) fails to perform his or her job properly. Errors by a fiduciary can include everything from unwarranted delays to outright theft. We help heirs hold the fiduciary accountable for proper performance. In cases of theft or self-dealing, we assist the beneficiaries in recovering misappropriated funds.

 

Family members are placed in a difficult position when a brother, sister, or other family member is acting inappropriately. We appreciate this, and do everything we can to reach a resolution without undue damage to the family relationships involved. At the same time, we believe it is entirely proper to insist that a fiduciary administer an estate or trust properly, and to hold them accountable for performance as required under the law.

 

Classification of assets

 

Estate disputes can also come about due to poor, nonexistent, or ambiguous planning. In those cases, disputes can arise over the proper recipients of funds, the classification of the decedent's assets, and the proper beneficiaries of the decedent's accounts.

 

Classification disputes are often very complex matters that involve Wisconsin's marital property statutes, Wisconsin's probate code, and federal statutes governing certain beneficiary designations.  We have helped numerous clients in disputes over the proper classification and distribution of assets.

Getting started

The first step in resolving an estate dispute is learning about your options. We offer a no-obligation informational meeting to discuss your situation, help you understand the process for resolving estate disputes, and see if we can help.

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Lauterbach Legal LLC

2417A Post Road, Suite C

Stevens Point, WI 54481

Phone: 715.544.8393

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