Estate, Trust & Fiduciary Litigation
The transfer of property from one generation to the next is wrought with difficult legal and tax issues.
Questions families often grapple with include: Is mom competent to sign the house over to one child? Is dad competent to sign a trust document that excludes a different child? Is mom’s judgment colored by her daughter who lives next door to her? Is your sister who is in charge of your mother’s finances not sharing information with you? Is your brother handling the probate of your father’s estate correctly? Who’s looking over your sister’s shoulder while she is serving as power of attorney for your parents? Where are the checks and balances for your brother who is serving as trustee of your parents’ trust? Do siblings suspect you are not carrying out the wishes expected of you by your aging parents?
Caring for family members can sometimes create complicated dynamics within families. Emotional situations can breed conflict. Our attorneys approach each matter with empathy and clarity, collaborating to provide clients with the best possible advice.
Our representation can begin when family members are living or after they’ve passed – our services are full circle. We represent trustees and beneficiaries of trusts when questions exist and disputes arise, we work with parties in will contests and probate litigation matters, and we counsel agents acting pursuant to powers of attorneys to help prevent them from being sued and to defend them when they are sued. We also handle contested guardianship matters.
Our recent experience in the area of estate and fiduciary litigation includes:
- Successful representation of a creditor whose rights were significantly impaired by the conduct of an agent acting under a durable power of attorney;
- Successful representation of an agent acting under a durable power of attorney in the dismissal of a guardianship petition;
- Successful representation to obtain guardianship and protective placement when resisted by the ward;
- Successful representation of an elderly adult who opposed guardianship proceedings initiated by children;
- Successful reformation of an irrevocable trust to appoint a new trustee selected by trust beneficiaries;
- Successful removal of a guardian on behalf of a ward in a guardianship proceeding;
- Successful petition to have trust assets returned to the original owner; and
- Successful removal of a trustee on behalf of a trust beneficiary.
Examples of estate and fiduciary litigation matters handled by Ruder Ware attorneys include:
- Will contests
- Lack of testamentary capacity to make a will
- Lack of capacity to execute a trust
- Undue influence
- Mistake
- Fraud
- Forgery
- Trust reformation and amendment
- Interpretation and construction proceedings
- Noncompliance with formalities
- Breach of fiduciary duty
- Financial abuse and exploitation of the elderly
- Financial abuse and exploitation of disabled individuals and minors
- Capacity to gift, convey real estate, and to contract
- Capacity to execute power of attorney documents
Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services. A full-service law firm, over 45 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.
Posted on April 11, 2023 by Shanna N. Yonke
Many clients wonder who is responsible for planning their funeral, selecting burial or cremation, and making other arrangements after their death. Some clients ask what happens if family members disagree about these matters. In Wisconsin, there is a default law that dictates who has the authority to make these decisions after your death. The default […]
Posted on December 15, 2022 by Ashley L. Hawley
When I meet with new clients I have them fill out what we refer to as our estate planning “questionnaire.” Basically, a form that asks them to insert personal information on the first two pages and financial information on pages 3-5. Page one asks about marital status and page two asks the potential client to […]
Posted on November 15, 2022 by Shanna N. Yonke
In the beginning of the COVID-19 pandemic, I wrote a blog post on how to create a valid will in Wisconsin. At the time, we were all stuck at home by government order, and many clients signed their wills without a notary public. Signing a will without a notary public was a short-term fix during […]
Posted on September 22, 2022 by Ashley L. Hawley
My husband just recently opened a new account at one of those online, do-it-yourself, investment companies. He promises that with the tiny amount of money I was willing to allow him to experiment with that he will make us tons of money. After he got the account set up, he asked me to sit beside […]
Posted on June 21, 2022 by Shanna N. Yonke
One of the most common questions asked by our clients is, “What is the difference between a will and a trust, and which is right for me?” Last week, I provided a brief summary of the differences between these two common estate planning tools in a vlog. You can view the vlog here. In this […]
Posted on May 10, 2022 by Andrew M. Lorenz
In a perfect world, business owners could spend all of their time and money focusing on a singular task: running their business. Despite the best laid plans, however, at some point ancillary concerns will arise and require—at least to some extent—that a business divert its resources to address and correct an issue. One area of […]
Posted on February 23, 2022 by Shanna N. Yonke
Spring officially begins on March 20th – less than one month away. In Wisconsin, that means wedding planning is in full swing. One important item on many wedding planning to-do lists is a pre-nuptial agreement. We hear a lot about “pre-nups” in pop culture. One of the most iconic pop culture references is in the […]
Posted on February 22, 2022 by Ruder Ware Alumni
Wendell knew he needed a financial power of attorney document in order to make sure he named someone to manage his finances and take care of his business if he was ever unable to do so on his own. However, Wendell was busy and didn’t want to take the time or spend the money to […]
Posted on February 14, 2022 by Ruder Ware Estate Planning Attorneys
You likely are aware, from the news and our prior communications, that Congress currently is considering proposals that may have a significant impact on many estate plans. Although we still cannot be certain which, if any, of the proposed changes will become law, we want to provide you with an overview of their potential effect […]
Posted on December 13, 2021 by Ashley L. Hawley
Drafting an estate plan allows a person to put into writing their wishes for division of assets upon death. Sometimes this means making a choice to give more to one child over the other, or to completely write out natural heirs of law. An uncle whose nephew is like a son to him may bypass […]
More Insights...
