Litigation is commonly defined as the procedure of bringing a dispute in front of a judge or jury for resolution.
There are many issues that can result in litigation in the administration of a trust, including:- Whether a trust is valid (proper execution, invalidity because of mistake, insane delusion, fraud, or undue influence)
- Determining whether a trustee or beneficiary should seek judicial modification of a trust provision
- Determining the meaning of an ambiguous provision of a trust
- Determining who should serve as trustee
- Determining whether the trustee has properly managed the trust assets
- Determining the assets of the trust
- Determining whether a creditor has a valid claim against the trust – usually through the estate
- Determining whether the trustee and agents of the trustee have been paid excessive amounts
- Proper payment and allocation of estate and income taxes
- Asset distribution issues
Attorney Matthew Linde is a rare probate lawyer in Naples, Florida who truly does know what you are going through.
Mr. Linde is unlike most probate or trust attorneys in that he has experienced first hand what it is like to have a family member taken advantage of just weeks before his death. Thus, he is very passionate about helping people with fiduciary, trust, guardianship, and probate litigation.
Attorney Linde's father, Lee Linde was terminally ill with cancer and married a woman three weeks before he passed away. While he was heavily medicated, his new wife convinced him to sign paperwork that transferred his assets to her. Attorney Matthew Linde spent an entire year researching capacity, undue influence, fraud, and other legal issues pertaining to his situation.
He personally knows what it feels like to watch a family member being manipulated by someone. Mr. Linde knows that probate and trust issues involve not only money but also emotions. This experience is what led Mr. Linde to pursue trust and estate litigation.
Contact a probate attorney at Linde, Gould & Associates today at (239) 939-7100 for answers to your fiduciary, trust, probate, or guardianship questions.