INHERITANCE DISPUTES
Disputes often arise during the administration of a trust or a probate estate. Many times family conflicts and disagreements make the process difficult. Inheritance Disputes requires an experienced attorney who understands the complex legal issues involved while appreciating the delicate and highly emotional nature of these cases.
Our clients include family members, beneficiaries, heirs, personal representatives, trustees and other individuals with an interest in an estate or trust. We assist clients with matters involving:
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Disagreements about who will serve as the personal representative
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Claims the personal representative or trustee breached a duty
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Abuse or misuse of a financial power of attorney
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Disputes between the personal representative and heirs or beneficiaries
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Issues relating to valuation of assets
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Business succession issues
Michael Minot has a record of successfully helping clients resolve disputes using informal means, saving them valuable time and money. But when litigation proves unavoidable, Mike combines in-depth understanding of trust and estate law with decades of experience in the courts to aggressively defend his clients’ interests.
INHERITANCE DISPUTES
CASES WE HANDLE
After one year with my first attorney, it became clear I needed a lawyer who was an expert representing trustees. Every attorney I asked, and everyone my wife asked said Mike Minot was the best trust litigation attorney. After meeting him in his office I knew I needed Mike Minot to represent me.
Mike Minot stepped in and immediately began asserting new defenses and counterclaims citing cases favorable to my position. Suddenly, it felt like I was the one winning. Mr. Minot kept me informed throughout. Although the case was very complicated, he answered my questions in a way I could understand. Mike Minot has my highest recommendation.
JOHN
BENEFICIARY RIGHTS
Being named a beneficiary of a trust entitles a person to certain rights. However, sometimes those rights are violated by Trustees who fail to manage their role responsibly. In those situations, beneficiaries should immediately contact an experienced beneficiary rights lawyer to protect their interests.
At Minot Law we help beneficiaries fight for their inheritance rights by holding trustees accountable to their legal responsibilities.
WHAT ARE YOUR BENEFICIARY RIGHTS?
In general, beneficiaries have:
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The right to a copy of the trust and any amendments.
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The right to contest the trust. Because time restrictions apply seek the help of a trust litigation attorney early.
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The right to be reasonably informed about the administration of the trust. Upon a reasonable request, you are entitled to a report about assets, liabilities, receipts, and disbursements relating to the trust that are relevant to your interest.
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The right to an accounting. A sample of the information in accounting could include the Trustee’s written statement of receipts, disbursements, the nature and value of assets and liabilities, the Trustee’s compensation, the names of the agents hired by the Trustee, their relationship to the Trustee and their compensation.
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The right to object and seek the court’s review of any accounting.
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The right to compel a trustee to administer the trust according to its terms and avoid conflicts of interest and self-dealing.
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The right to receive fair and impartial treatment from the Trustee.
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The right to ask a Judge to suspend the Trustee’s powers or replace him or her with a successor Trustee.
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The right to seek legal remedies if the Trustee has misappropriated trust assets.
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You have the right to receive timely distributions as outlined in the trust.
WHAT TO LOOK FOR WHEN HIRING A BENEFICIARY RIGHTS LAWYER
WHAT TO EXPECT FROM A BENEFICIARY RIGHTS LAWYER-CLIENT RELATIONSHIP
How does a beneficiary know when the time is right to contact a beneficiary rights lawyer? A beneficiary should seek the services of an attorney anytime they suspect the Trustee is failing to fulfill their duties properly. Waiting could jeopardize the benefits you are entitled to receive.
You may not be receiving information about certain transactions in a transparent fashion. As a result, you may have no idea what assets are in the trust. Perhaps you suspect that a Trustee or personal representative is misappropriating assets and funds. An experienced attorney can help you make sense of trust documents and advocate your rights as a beneficiary.
At Minot Law, a beneficiary can expect a customized strategy to achieve the best possible outcome. We focus our efforts on encouraging the trustee to fulfill his or her duties properly. However, we will not hesitate to fight for our clients’ rights, including entering into litigation when necessary. Additionally, we offer clients’ consistent communication so they remain informed about their cases.
Beneficiaries of trusts and wills should always feel comfortable and secure in their positions. If you feel that your rights as a beneficiary have been violated, please contact Minot Law. We welcome the opportunity to sit down with you during an initial consultation to talk about this or any other legal issue.
COMMON CHALLENGES TO WILLS
There are numerous reasons why a will may be susceptible to a challenge.
Here are a few of the reasons interested parties may challenge a will:
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The will lacks the necessary witnesses
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Another person tricked the testator into signing the will
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Another person exerted undue influence over the person signing the will during its creation
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The person signing the will lacked the required mental capacity to create the will
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Multiple wills are discovered
If you are searching for representation in challenging a will, contact our office.
TRUSTEE DEFENSE
ARE BENEFICIARIES TRYING TO REMOVE YOU AS THE TRUSTEE?
ARE THEY SEEKING DAMAGES AGAINST YOU PERSONALLY?
Beneficiaries, many times children, grandchildren, or step-children of the settlor, are not always easy to satisfy. If you are a trustee and are accused of mishandling the trust then it is extremely important to obtain experienced legal help immediately. Trustees have a fiduciary duty to defend the trust and that includes defending their position as trustee.
Most trustees accept the role without being fully prepared for the experience. Few realize how often beneficiaries can become upset at trustees sometimes causing legal trouble. In fact, beneficiaries may not only threaten removal but also seek personal damages from the trustee.
At Minot Law, we understand the challenges related to being a fiduciary like a trustee. We have helped many trustees navigate the challenges of their position. Having legal counsel on retainer can be valuable support. As a trustee, you do not have to worry about costs. Florida law is clear. Trustees have the right to use trust funds to hire attorneys to help them administer the trust.
WHAT TO EXPECT FROM MINOT LAW
At Minot Law, we fight diligently on behalf of our trustee clients. Even if the trustee has made mistakes, we work hard to help them fulfill their fiduciary duties and defend against aggressive, uncompromising beneficiaries. Our goal is to make what can be a stressful situation into a much easier one to manage, whether that means battling in court or trying to settle.
YOU DESERVE AN
EXPERIENCED ATTORNEY
WHY CHOOSE MINOT LAW
“Being an attorney provides me the opportunity to help clients unravel their complex inheritance disputes. As a litigator, I work to achieve the best possible outcome for my clients during their most difficult times. I also understand that in the midst of these disputes, families are grieving the loss of someone they love, and therefore, I treat my clients with empathy, dignity, and respect. Being an attorney is not just a “job” but a passion and I am passionate about standing up for my clients’ rights.”
Mike Minot