PROPERTY DISPUTE
Some of the most common types of disputes arising after a decedent’s death are property disputes, which are disputes concerning rights of ownership and/or possession of assets.
* Is the decedent’s trust missing assets or property that were supposed to be funded into the trust?
* Did a third-party scammer swindle the decedent out of tens of thousands of dollars before they died?
* Did the decedent’s power of attorney misappropriate assets during the decedent’s life?
* Did you jointly inherit real estate with your family members, and now an agreement cannot be reached about how to divide the property? Did the decedent create a trust but forget to transfer titles to property into the trust’s name? Is there a real estate transaction that the decedent failed to complete prior to death?
The attorneys at Kane Ferguson regularly litigate disputes over property, so they possess the experience, knowledge and skills to help you achieve your desired outcome in a property dispute matter. Keep reading to learn more about our property dispute services.
* Is the decedent’s trust missing assets or property that were supposed to be funded into the trust?
* Did a third-party scammer swindle the decedent out of tens of thousands of dollars before they died?
* Did the decedent’s power of attorney misappropriate assets during the decedent’s life?
* Did you jointly inherit real estate with your family members, and now an agreement cannot be reached about how to divide the property? Did the decedent create a trust but forget to transfer titles to property into the trust’s name? Is there a real estate transaction that the decedent failed to complete prior to death?
The attorneys at Kane Ferguson regularly litigate disputes over property, so they possess the experience, knowledge and skills to help you achieve your desired outcome in a property dispute matter. Keep reading to learn more about our property dispute services.
Definition
What is a Property Dispute?
A property dispute is a disagreement over ownership or possession of assets. While property disputes often involve real estate, they can concern any type of property, whether it be a life insurance policy or bank account, or personal property, such as cars or artwork.
By contrast, if the property in question had still been owned by the decedent at the time of death, but the executor or trustee is not distributing it to the beneficiaries in a timely fashion, then you may not have a property dispute issue, but rather a fiduciary misconduct problem. Similarly, if the property had still been owned by the decedent at death, but you believe the decedent’s will or trust is invalid, then you may need to dispute the will or trust.
Property disputes can arise in a variety of contexts in probate. They can involve everyone from the trustee or executor, to a beneficiary or heir, to a guardian or conservator, and even a third party.
Regardless of the nature of your property dispute,Kane Ferguson’s team of property dispute attorneys can help.
By contrast, if the property in question had still been owned by the decedent at the time of death, but the executor or trustee is not distributing it to the beneficiaries in a timely fashion, then you may not have a property dispute issue, but rather a fiduciary misconduct problem. Similarly, if the property had still been owned by the decedent at death, but you believe the decedent’s will or trust is invalid, then you may need to dispute the will or trust.
Property disputes can arise in a variety of contexts in probate. They can involve everyone from the trustee or executor, to a beneficiary or heir, to a guardian or conservator, and even a third party.
Regardless of the nature of your property dispute,Kane Ferguson’s team of property dispute attorneys can help.
What is a Trust Dispute?
A trust is another type of estate planning document in which the creator of the trust, called the settlor, gives a party, called the trustee, the right to hold title to assets and property for the benefit of third parties, called trust beneficiaries. A trust can be revocable, which means that the settlor has the right to revoke it while they are alive and competent, or irrevocable, which means that once the trust is signed, the settlor cannot revoke it. Once a settlor dies, their trust will usually automatically become irrevocable, and the person they nominated to the role of successor trustee will take over management of the trust. Unlike wills, trusts are not required to pass through probate.
A trust dispute can occur if the instrument is faulty or contains ambiguous provisions, or if an interested party believes the instrument to be invalid. Disputes over a trust can take place while the settlor is alive but incompetent, or following the death of the settlor.
The validity of a will or trust can be disputed by interested parties so long as they have a valid reason for doing so; disliking the terms of the document or believing that they are deserving of a larger inheritance does not count. If the validity of a will or trust is disputed, the court will consider relevant evidence and testimony to ultimately make a determination about whether to uphold the disputed will or trust, or invalidate it. If the court invalidates a will or trust, or one or more of its amendments, the relevant assets will pass in accordance with the decedent’s previous estate planning documents so long as they were valid. If none existed, the relevant assets will pass to the decedent’s intestate heirs in accordance with the laws of intestate succession.
A trust dispute can occur if the instrument is faulty or contains ambiguous provisions, or if an interested party believes the instrument to be invalid. Disputes over a trust can take place while the settlor is alive but incompetent, or following the death of the settlor.
The validity of a will or trust can be disputed by interested parties so long as they have a valid reason for doing so; disliking the terms of the document or believing that they are deserving of a larger inheritance does not count. If the validity of a will or trust is disputed, the court will consider relevant evidence and testimony to ultimately make a determination about whether to uphold the disputed will or trust, or invalidate it. If the court invalidates a will or trust, or one or more of its amendments, the relevant assets will pass in accordance with the decedent’s previous estate planning documents so long as they were valid. If none existed, the relevant assets will pass to the decedent’s intestate heirs in accordance with the laws of intestate succession.
What We Do
Why Do You Need a Property Dispute Lawyer?
You may require the assistance of a law firm if you are seeking to file a property dispute claim or defend a property dispute claim that has been brought against you.
Whichever side of the situation you are on, the property dispute attorneys at Kane Ferguson can help educate you on your rights and legal options.
Whichever side of the situation you are on, the property dispute attorneys at Kane Ferguson can help educate you on your rights and legal options.
Recovering Property Taken Before Death:
The most common dispute we handle is one where we are seeking recovery property that was wrongfully taken, typically through either undue influence of the decedent or as a result of the decedent’s incompetence. For example, you are an estate beneficiary. A decedent provided for their house to pass to you in their will; however, before dying, the decedent transferred title to the property to someone else. You believe that the decedent may have been unduly influenced by the current owner of the home to transfer them the property. You could benefit from the help of a property dispute lawyer to not only find evidence to prove your claim, but also to recover the property and damages.
Recovery of Property:
One of the most common types of property disputes our probate firm handles is seeking the recovery of property that was taken either through undue influence or as a result of the decedent’s incompetence. Recovery of property matters can also occur in the context of guardianships, conservatorships and powers of attorney.
Examples of recovery of property matters:
* The decedent had been unduly influenced by a relative into gifting away one of their most valuable real properties before they died. The executor is seeking to recover this property through the use of an 850 Petition so it can be distributed as a part of the estate to the beneficiaries the decedent had originally intended.
* Before a conservatee was placed under a conservatorship, they had been scammed out of tens of thousands of dollars by a third party. The conservator of the estate discovered this financial loss when accounting and is seeking to recover the stolen funds from the third party by litigating on behalf of the conservatee.
* The decedent had given away valuable family heirlooms to a friend at a time when they lacked competence due to advanced Alzheimer’s disease; however, these heirlooms were supposed to be distributed as a part of the decedent’s trust to family members. The trustee and trust beneficiaries are seeking the recovery of heirlooms from the friend.
The adult children of an incapacitated adult had stolen thousands of dollars from their parent, which their attorney-in-fact discovered while accounting on the principal’s behalf. The attorney-in-fact is seeking to recover the stolen funds from the children.
* Before a conservatee was placed under a conservatorship, they had been scammed out of tens of thousands of dollars by a third party. The conservator of the estate discovered this financial loss when accounting and is seeking to recover the stolen funds from the third party by litigating on behalf of the conservatee.
* The decedent had given away valuable family heirlooms to a friend at a time when they lacked competence due to advanced Alzheimer’s disease; however, these heirlooms were supposed to be distributed as a part of the decedent’s trust to family members. The trustee and trust beneficiaries are seeking the recovery of heirlooms from the friend.
The adult children of an incapacitated adult had stolen thousands of dollars from their parent, which their attorney-in-fact discovered while accounting on the principal’s behalf. The attorney-in-fact is seeking to recover the stolen funds from the children.
Community Property Disputes:
This type of property dispute occurs when title to a community property asset is in a deceased spouse’s name, and the deceased spouse is leaving it in a will or trust to a third party without their spouse’s consent. Surviving spouses have a right to recover their community interest in the asset.
Examples of community property disputes:
* While a vacation home was acquired during marriage, only the deceased spouse’s name was on title. As a result, they left the entirety of that asset to their children from a prior marriage through their trust. The surviving spouse is seeking to recover their rightful 50% of the community asset.
* A married couple had purchased several pieces of valuable artwork, all of which the deceased spouse is disposing to charity through their will. The surviving spouse is seeking to recover their 50% interest in the artwork.
* The deceased spouse had entered into marriage owning a separate real property; however, during marriage, community funds were used to make repairs and mortgage payments on the property that were never repaid by the deceased spouse. Now, the deceased spouse is disposing of the entire property to their side of the family through their trust, even though that property is no longer their separate asset. Their surviving spouse is seeking to recover their rightful 50% interest in the property.
* A married couple had purchased several pieces of valuable artwork, all of which the deceased spouse is disposing to charity through their will. The surviving spouse is seeking to recover their 50% interest in the artwork.
* The deceased spouse had entered into marriage owning a separate real property; however, during marriage, community funds were used to make repairs and mortgage payments on the property that were never repaid by the deceased spouse. Now, the deceased spouse is disposing of the entire property to their side of the family through their trust, even though that property is no longer their separate asset. Their surviving spouse is seeking to recover their rightful 50% interest in the property.
Incomplete Real Estate Transactions:
When a decedent had entered into a contract with a third party to buy or sell real estate, but they died prior to completing the transaction, it is considered an incomplete real estate transaction. The executor or trustee (on behalf of the decedent) or the third party can enforce the terms of the contract and have the transaction completed.
Examples of incomplete real estate transactions:
* A decedent had entered into an agreement with a third party before dying to sell several real properties. The executor of their estate is seeking to complete the transfer of the properties to the third party on the decedent’s behalf using an 850 Petition.
* A decedent had entered into a contract to purchase a real property on behalf of their trust but died before the transfer of property could be completed. The successor trustee is seeking to complete the transfer of property on behalf of the decedent’s trust.
* A decedent had entered into a contract to purchase a real property on behalf of their trust but died before the transfer of property could be completed. The successor trustee is seeking to complete the transfer of property on behalf of the decedent’s trust.
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