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We are well versed in Estate Litigation. We handle client matters on a consistent basis with respect to the distribution of assets between family members and disputes around the ownership and title to properties. Even if you are not the legal titleholder of a property, there are various avenues that our lawyers argue in order to obtain compensation on your behalf.
We specialize in representing individual in the following potential estate challenges:
Passing of Accounts
The executor or trustee of the estate has a fiduciary duty to act in the best interests of the beneficiaries of the estate. They are required to account for all of the deceased person's receipts and disbursements, and is prohibited from co-mingling the estates funds with the trustees own funds. The trustee is required to account for all funds related to the estate. If they are unable to do so, the court may Order an accounting of funds. More common disputes arise over the amount of fees claimed by the executor of the estate;
An estate trustee or executor is entitled to fair and reasonable compensation for their efforts in administering the estate. The rule of thumb is that the fee is equivalent to approximately 2.5% of the size of the estate. Sometimes a particular formula is outlined in the will for payment to the trustee, and other time the trustee makes their own calculation. Beneficiaries can challenge the calculations if the payments are viewed as excessive.
Unjust Enrichment Claims
Unjust enrichment is an equitable principle that refers to the scenario that the court will recognize when (1) an individual receives a benefits; (2) another party experiences a corresponding deprivation; and (3) there is no juristic reason for such an arrangement. The victim is deprived of some benefits and there is no reason for the same. Unjust enrichment claims often come up in the context of estate litigation.
Please contact the Rose Law Firm to discuss your estate litigation matter.