Frequently Asked Questions About Probate And Trust Litigation
The probate process in Indiana is often confusing. It can be made easier to understand with the help of an experienced attorney at Robert W. York & Associates. We have decades of experience handling probate and estate litigation for clients in Indianapolis and the surrounding areas.
Below are some questions that our firm is often asked about probate litigation. Get in touch with our firm today for more information and insight into your specific situation.
What Is Probate Litigation?
Since probate is the court process through which a deceased person’s estate is validated and administered, probate litigation relates to any disputes, contests or lawsuits that arise regarding the estate. Sometimes called estate litigation, these issues can be emotionally charged, as they often involve a family member.
What Is Fiduciary Duty?
Fiduciary duty means that an individual is formally obligated to act in the best interests of another party. In probate matters, the person charged with the fiduciary duty includes the trustee, executor or someone who holds power of attorney, among others. This person is expected to accept the trust and confidence of another party and act in accordance with that trust and confidence, using their expertise and knowledge to preserve the best interests of the party, at all times.
What Does It Mean When Fiduciary Duty Is Breached?
If a breach of fiduciary duty is alleged or has occurred, it means that the person charged with the fiduciary duty has not acted in line with the best interests of the other party. In fact, the person with fiduciary duty may have even acted in self-serving interests. This often results in legal disputes and potential lawsuits.
How Long Do I Have To Challenge A Will?
In Indiana, a will contest can only be brought within three months from the date of the Court’s Order admitting the will to probate. If you believe a will needs to be contested, it is important that you act with urgency or you will lose your ability to challenge the will.
Can A Trust Be Contested?
If there are questions about the situation that surrounded the creation of the trust, such as whether the creator was unduly influenced to create the trust with certain terms, a trust contest can be initiated. It is also possible to contest a trustee’s administration of the trust.
The time period for contesting the validity of a trust can be as early as 90-days after you receive a copy of what is known as a “trust certification.” Although there are exceptions, any right to file a claim against the trustee must be filed within 2-years after a breach of trust by the trustee.