It is not unusual for fiduciaries (Trustees and Executors/Administrators) to become adversaries with their Trust/Estate beneficiaries and end up being a defendant party in a Probate or Trust action in Circuit Court. We represent fiduciaries in all these matters. At the onset of a fiduciary client starting to act, we instruct the fiduciary in how to keep detailed records and explain to them what he/she should and should not do. We stress that they consult with us before taking any action in order for us to ascertain whether there is any potential adverse consequences in pursuing that action. Our mission is to have the fiduciary administrate the Estate/Trust as efficiently and quickly as possible while preventing the fiduciary from being sued by a beneficiary in a trust or estate manner.
Likewise, beneficiaries can become parties to litigation for the way they have used or mis-used the decedent’s assets of the Trust/Estate both before and after the death of the decedent. They may have been in possession, or still are in possession of the decedent’s assets and thus may be obligated to account to the Trust/Estate or other beneficiaries for all receipts and disbursements related to those assets while in their possession. Frequently, these circumstances result in that beneficiary becoming a defendant party to a Probate proceeding or Trust Action .