When someone attempts to take advantage of a vulnerable adult and acts to change the victim’s intended disposition of his or her estate, damage occurs to the previous designated beneficiaries and to innocent family members. Unfortunately, the victim’s lips are sealed by death or incapacity and the wrongdoer’s lips are sealed by self-interest. Our attorneys can act quickly to challenge fraudulent documents and protect the decedent’s true intentions.
With our significant experience as trial lawyers and our in-depth knowledge of probate and trust law, our attorneys can act quickly to challenge the questionable trust or will, challenge the acts of a personal representative or trustee acting in breach of his or her fiduciary duties, or otherwise take action to right wrongs being committed by an unscrupulous opportunist.
Whether you are dealing with claims of fraud, undue influence, lack of testamentary capacity, breach of fiduciary duty, or any other disagreement, you can trust our attorneys to initiate action and guide you through the troubled waters of litigation.
Probate law can be complex and an inexperienced personal representative charged with carrying out the provisions of a will can often become overwhelmed or make costly mistakes.
The probate attorneys at Wintter & Associates, P.A. can help you administer the estate in accordance with the terms of the will, avoid errors, and reduce the risk of future litigation. Our probate lawyers will help you minimize taxes, file the appropriate tax returns, inventory the estate’s assets, complete the final accounting, and make timely distributions to creditors and beneficiaries while protecting the personal representative from potential liability.
Our primary goal is to protect the assets, protect the personal representative, and satisfy the provisions of the will to the benefit of all interested parties.
When disputes arise over the creation and administration of a trust, it can cause untold problems for family members, trustees, heirs, and beneficiaries. They can take an emotional toll on family members and can even threaten the financial stability of all parties.
A trust is similar to a will in that it provides for the distribution of property to heirs and beneficiaries through the administration of the trust assets by a trustee. Unlike a will, however, administration of a trust can commence before the grantor’s death. Trust administration is complicated and it is easy for an inexperienced trustee to make serious mistakes that can subject the trustee to personal liability.
With the help of our trust administration lawyers, errors and the risk of litigation are minimized. Our trust administration legal team will help you through every step of the process, including the marshaling assets, notification of beneficiaries, preparing an annual accounting of the trust transactions, preparing notices to limit the trustee’s exposure to liability, distributing property, minimizing and filing taxes, and other services.
Establishing guardianship for your loved one, whether he or she is a minor or an incapacitated adult, is a complicated procedure that can take an enormous emotional toll.
We will walk you through every step of the procedure, from the initial court petition to the annual accounting in succeeding years. In addition, we can provide sensitive, compassionate guidance in choosing caregivers and medical facilities for your vulnerable family member.
Though courts try to make guardianship decisions that are in the best interests of the ward, guardianships are sometimes challenged due to accusations of emotional, physical, or financial abuse.
Whether you are a guardian being unfairly accused or you are a family member concerned about your loved one’s well-being, guardianship litigation is extremely stressful. Let us use our decades of experience to help guide you to a resolution of the issues facing both vulnerable adults and the family.
Every adult should have a distribution plan for their assets in the event of their death, no matter how big or small the assets may be. As experienced estate planning attorneys, we can help ensure that your estate planning matters are properly documented and implemented to achieve your objectives and avoid disharmony.
There are generally two types of people who can contest a will – the beneficiary and the person or persons who would inherit property if the will was proved to be invalid. However, a contest of will is not going to stand up in court simply because one or more of those parties thinks the terms of the document are unfair. In order to be considered seriously in court, one of four legal concerns must be present.