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Estate Litigation

Estate Litigation

Resolving disputes over asset management and distribution

Even a well-crafted estate plan is vulnerable to mismanagement or corruption. A trust administrator may simply not be up to the task of overseeing the assets the trust holds. Or individuals with access and opportunity may deliberately violate the trust to enrich themselves. Mark H. Weiss, P.C. represents estate beneficiaries and the estates themselves in cases where negligent oversight or unlawful manipulation deprives beneficiaries of their rightful share of estate property.

Commack litigation lawyer enforces fiduciary duties

An estate administrator has a duty to manage the estate professionally according to the grantor’s wishes. If assets are to be invested, those investments must be made responsibly, with thought to the necessary return and the estate’s risk tolerance. Failure to diversify investments or track their performance could lead to devastating losses. Likewise, sloppy accounting practices, improper valuation of assets and unwise liquidations could devalue the estate. Mark H. Weiss, P.C. investigates your estate administrator’s performance, holding that person or entity responsible for losses caused by mismanagement.

Defending estates against creditors

Before beneficiaries of an estate can receive an inheritance, the estate’s creditors must be satisfied. Of course, not everyone claiming to be a creditor is entitled to be paid. Mark H. Weiss, P.C. contests questionable claims from creditors, ensuring that any payments made by the estate are justified and properly tabulated.

Challenging modifications to wills and trusts

Conflicts over estate assets often arise when suspicious modifications attributed to the grantor have been made. This often happens when people with access to and influence over an individual grantor are able to manipulate a change in a will or trust document, enriching themselves to the detriment of other rightful beneficiaries. Mark H. Weiss, P.C. represents beneficiaries in cases of undue influence to ensure that the modification is invalidated by the court, so beneficiaries receive the inheritance to which they are entitled.

Contact a thorough estate litigation attorney in Commack, NY

If you suspect mismanagement or manipulation of a will, trust or estate plan, talk to Mark H. Weiss, P.C. To schedule an appointment, call 631-462-5577 or contact our Commack office online.