Losing a loved one is a difficult experience that can be made even more challenging when disagreements among family members over the decedent’s property or the handling of the estate become legal disputes. Unfortunately, many Louisianans find themselves in situations just like this after a relative’s death. Sound familiar?
If you’re embroiled in conflict over matters related to a loved one’s will, trust, or estate, there’s far too much at stake to go it alone. You need a highly skilled estate attorney with a deep understanding of Louisiana succession laws and how to use them to your advantage. Thankfully, you’ve come to the right firm.
Our New Orleans Estate Litigation Lawyers Protect Your Rights and Interests
At Scott Vicknair, LLC, our accomplished trial lawyers help clients successfully navigate contentious family dynamics and complex succession statutes to achieve their legal goals regarding a deceased loved one’s estate. Our team boasts diverse experience, top-notch skills both in and out of the courtroom, and an unwavering commitment to provide every client with exceptional legal services, and attentive, responsive support. The following are just a few of the many estate and trust litigation matters we handle.
A last will and testament is a legal document that allows the testator to state who (and how) they want their estate managed after death, including passing assets to beneficiaries and naming guardians for minor children. Disputes can occur when there are questions surrounding the authenticity of the document, whether the testator was unduly influenced, or an individual’s legal right to inherit.
When Louisianans die without a will, their estate is settled—and assets are distributed—according to intestate succession laws, rather than the decedent’s wishes. These laws pass property to heirs in a specific order and also determine what percentage of available assets each person inherits. Oftentimes, this can lead to estranged or undeserving individuals inheriting, while close friends or extended kin are left out.
Estate planning trusts allow the grantor to pass property to beneficiaries after their death while avoiding the complex, complicated, and often expensive succession process, also known as probate. Common reasons for disputing trusts are similar to the reasons people contest wills—questions about authenticity, undue influence, fiduciary actions, and whether the document was executed properly.
Interdiction is a legal process that determines whether an individual is consistently capable of making their own decisions regarding their person or property and communicating those decisions to others. If the court rules an individual is unable to do so as the result of dementia or another condition, it will appoint a curator to handle their affairs.
Breach of Fiduciary and Executor Fraud or Incompetence Claims
Executors, trustees, and curators are tasked with acting in the interests of a deceased or interdicted individual. Claims of fraud, incompetence, or breached fiduciary duty can arise when people in these roles serve their own interests (at the expense of the estate and its beneficiaries), misappropriate money or property, ignore time-sensitive deadlines, or fail to comply with succession laws and regulations.
Grieving, Frustrated, and Overwhelmed? Let Us Help
Dealing with estate and trust-related disputes can be exhausting, time-consuming, and overwhelming—especially when you’re trying to process your grief and comfort your loved ones.
- Have doubts about the validity of a deceased relative’s last will and testament?
- Concerned that a succession or trust proceeding’s been mishandled?
- Worried about a disinherited family member challenging a will that you believe is valid?
- Want to hold a succession representative, executor, trustee, or curator accountable for fraud or incompetence?
- Have your actions as an executor, trustee, or curator been called into question?
Let us provide the high-quality legal services and support you need. We’ll take care of all the heavy lifting, so you can focus on what matters most: your family.
Contact Us to Discuss Your Legal Needs
Ready to find out what our award-winning and nationally recognized estate and trust litigation lawyers can do for you? Contact us today and we’ll be in touch to discuss your case.