Fiduciary Advocacy Litigation

Fiduciary Advocacy Litigation - St. Louis Elder Law Attorneys

Martha C. Brown & Associates, LLC represent individuals and companies that need assistance with litigating probate cases, trust cases, and cases involving an individual or company acting as a fiduciary.

The broad range of disputes that are types of probate, trust and fiduciary litigation include:

  • Will contest/invalidation
  • Trust contests/invalidation
  • Improper use of a power of attorney
  • Interpretation of a will or trust document
  • Searching for assets improperly transferred before death
  • Removing someone acting as a personal representative or trustee
  • Disputes over the proper administration of an estate and/or trust
  • Defending a fiduciary’s actions against attack from an heir or beneficiary
  • Contested guardianship and conservatorship cases

A “fiduciary” is an individual or company that has undertaken to act for and on behalf of another in a particular matter where the matter gives rise to a relationship of trust and confidence. In a fiduciary relationship, a person who is not a fiduciary places confidence, good faith and trust in another, and that person depends upon that trust and protection of the fiduciary. Examples of a fiduciary include: trustee, personal representative, agent under powers of attorney, guardian, conservator, attorney, etc. A fiduciary is held to a higher standard of care under the law when dealing with property they hold in trust for someone else. When someone executes a will or trust, they appoint a personal representative (formerly called an executor) or trustee to handle the affairs of the estate or trust. This person is a fiduciary.

Defending the Fiduciary from Groundless, Unfounded and False Claims

Unfortunately in our litigious society, lawsuits are filed for improper and groundless reasons. There are instances where because of a hostile family history, a fiduciary may be sued regardless of the validity of the claim. If a fiduciary has acted properly and can document their actions and decisions, then the fiduciary is protected from vexatious claims of an aggrieved family member. And in some instances, the aggrieved family member that falsely accused the fiduciary of improper acts may be required to pay the fiduciary’s attorney’s fees and expenses, not to mention possibly receiving less of an estate or trust, or none at all if the will or trust maker has explicitly provided for such a result in the document in anticipation of such a fight.

It is generally a good idea to contact an attorney experienced in probate, trust and fiduciary litigation if the following circumstances arise:

  • A personal representative, trustee, or agent under a power of attorney is acting improperly in their fiduciary role, such as demanding secrecy for their actions or improperly distributing money contrary to the terms of the will, trust or power of attorney;
  • There is ongoing or imminent harm, financial or otherwise, concerning an elderly, disabled, or vulnerable individual;
  • There is suspicion surrounding the circumstances of a “new” will or trust of an elderly, disabled or vulnerable person that is substantially different than their stated intention or previous estate planning documents;
  • There are suspicious circumstances surrounding missing assets from someone’s estate or trust or improper change of a beneficiary designation on an asset;
  • When a trust beneficiary does not receive contact or answers to questions directed to a trustee concerning the trust;
  • If a person in a legal position of trust, i.e., a fiduciary, has abused or misused their role and power.

Contact this St. Louis Fiduciary Advocacy Litigator when conflicts arise over wills, trusts, estates and related matters.

Martha C. Brown & Associates, LLC assist clients with Estate Planning, Elder Law and Probate in St. Louis City, St. Louis County, St. Charles County, Jefferson County, Franklin County and the surrounding areas including Arnold, Ballwin, Barnhart, Bellefontaine Neighbors, Black Jack, Bonne Terre, Brentwood, Bridgeton, Cedar Hill, Chesterfield, Clayton, Crestwood, Creve Coeur, Crystal City, Des Peres, DeSoto, Ellisville, Farmington, Fenton, Festus, Ferguson, Florissant, Fredericktown, Frontenac, Hazelwood, Herculaneum, High Ridge, Hillsboro, House Springs, Imperial, Kirkwood, Ladue, Lake St. Louis, Manchester, Maplewood, Maryland Heights, Mehlville, Normandy, O'Fallon, Olivette, Pacific, Pevely, Richmond Heights, St. Ann, St. Charles, St. Clair, St. Peters, Ste. Genevieve, Sunset Hills, Town & Country, University City, Union, Valley Park, Washington, Webster Groves, Wentzville , Wildwood.

The information provided on this website is a public service and is not intended as legal advice. Such advice should be obtained from your personal attorney.