PROBATE & TRUST LITIGATION

Losing a loved one is hard enough without legal complications getting in the way. Unfortunately, though, disputes can arise when you go to administer a loved one’s estate or trust. For instance, if you believe that a mistake has been made on their will or trust, that an executor or trustee isn’t doing their job right or that your loved one’s assets aren’t being distributed appropriately, we encourage you to talk to us about our probate and trust litigation services.

The Difference Between Probate & Trust Administration

Probate is the process of administering a person’s estate after they’ve passed away. In layman’s terms, this means enforcing their will or, if they didn’t have a will, allowing the state to declare how their assets should be distributed.

Trust administration, on the other hand, is the process of enforcing a person’s trust. This is a little different from (and usually simpler than) the probate process — mostly because trusts tend to be more extensive than wills, leaving less for family members and trustees to figure out later on.

Whether it’s a will, a trust or a complete lack of estate plan causing the conflict at hand, these types of disputes tend to be very emotional and, unfortunately, very heated between family members. That’s why we at Thomas & Bayes-Weiner, LLC make a point of representing you in a tough but fair manner. Our priority is doing what’s best for you, but we also try to pave the way for you to salvage important relationships as much as possible.

Types of Probate & Trust Disputes

When you’re involved in the probate or trust administration process, a number of different issues could arise. These are among the most common estate-related disputes we handle in our practice:

• Challenging a will

• Challenging a trust

• Will and trust interpretation

• Breach of fiduciary duties and removal actions of executors or trustees

• Disputes regarding the distribution of probate or trust assets

If you feel that your loved one’s estate isn’t being handled correctly, don’t hesitate to give us a call. There are a number of steps we can take to fight for what’s right — up to and including litigation.

Disputes Across State Lines

Our office is located in Overland Park, but we are very accustomed to working with clients across state lines. The majority of our clients live close to the Kansas-Missouri border, and so we are of course extremely well-versed in the probate and trust administration laws in both states. Actually, our reach extends even further.

We have been called upon to represent local Kansas and Missouri clients who have interests in out-of-state estates. So if, for instance, you have a relative in California, Texas or anywhere else in the U.S., we can still represent you. In such situations, our mission is to protect your interests regarding the estate in question.

Other Estate-Related Services

Of course, you may not be involved in a probate or trust dispute but instead simply have questions about the estate planning process and/or how to prevent such disputes down the road. Not to worry — we can analyze any estate planning components you have in place, help you update an existing estate plan or help you build a fitting one from scratch. To learn more, visit our estate planning services page.