maryland attorney how to prepare in advance for estate litigation

by Trycia Stiedemann 3 min read

What is a Fiduciary Duty and How Does it Impact the Administration of an Estate or Trust?

A fiduciary duty is the highest duty of care that can be held and owed to a person or entity. As a fiduciary, the person holding the duty must show extreme and unwavering loyalty to the pursuit of interests of another.

When has a Breach of the Fiduciary Duty Occurred?

Breach of a fiduciary duty can occur when a fiduciary elevates their own interests, or an outside interest, above those of the trust, estate, or beneficiaries. A breach can also occur when a trustee fails to protect the interests of all beneficiaries of the entity.

Experienced Maryland Litigation Lawyer Handles Fiduciary Litigation

Mr. Heyman can analyze the facts and circumstances surrounding a particular claim against a trustee or administrator. Mr. Heyman can fight for a trustee and show how the action or lack of action is in accord with the trustee’s fiduciary duty. Mr.

Estate Litigation Lawyers Maryland

The loss of a loved one can be a devastating experience and is difficult to overcome. The loss is compounded when family members disagree about what should happen to a loved one’s property, or when they learn that he or she was financially exploited by a caregiver.

Testimonials

Here is a fact: My family lost our loved one far too early because of a contracted illness. Another fact is that before our loved one left us, he asked Dan to tell his story so others wouldn’t have to suffer in vain. Dan Brown took on this tremendous responsibility and has done so admirably.

What happens when someone dies?

When an individual passes away, they usually leave behind assets and liabilities in many different contexts. They also usually leave behind loved ones. The deceased may or may not have an estate plan including a will, trust, or other documents. Even when someone dies with a well-formulated estate plan, there can still be a probate dispute, ...

Is probate litigation stressful?

The estate and probate litigation attorneys at Longman & Van Grack have decades of experience in assisting clients with complex litigation related to estate matter s throughout Maryland and Washington DC. Each estate litigation attorney at Longman & Van Grack understands that probate disputes can be emotionally and financially difficult. Our Maryland and Washington DC probate litigation attorneys work to resolve these types of disputes as efficiently as possible.

Will Caveat

  • Will caveat is the term for a will contestin Maryland that challenges the validity of the will. It is a cause of action that a person brings after someone has died and there is a will that has been submitted. A person may contest whether it was actually a reflection of what the person wanted…
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Testamentary Capacity

  • Testamentary capacity is the capacity an individual needs in order to be able to validly create a will. They generally have to understand what it is they are doing, who they are giving their property to, and what the property consists of as the threshold. If a person believes that the person making the will did not have a testamentary capacity, it is best to file for guardianship or conservatorshi…
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Undue Influence

  • Undue influence is the pressure the third party put on someone who is creating a will to get them to do something in the will that is not a reflection of natural intention. If someone believes that the person making the will is being unduly influenced by someone else, they should get a guardian or conservator for the person, if they are still alive. If the person has died, then the will has to be ch…
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Fiduciary Duties

  • Another important aspect of Maryland estate litigation is fiduciary duties. Fiduciary duties are heightened duties that people or institutions are owed to people. They are obligated to be honest and careful with the individual and property. The individual has to be candid with the person they are caring for. A guardian must manage a person and their property with extra care and in the be…
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Beneficiary Rights

  • A beneficiary of a trusthas the right to information from the trustee as to how the trust is being managed. They have the right to see the trust document so they can see what their rights are underneath that trust agreement. The beneficiary may force the trustee to take certain actions depending upon what the trustee is doing. Sometimes they can use their own interest in the trus…
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