On TV shows or in the movies, the reading of the last will and testament often happens at the end and is meant to wrap everything up. In reality, it's often just the beginning.
The unfortunate truth is that disputes and conflicts often surround the process of dividing up a deceased person's assets. This is all the sadder when the conflict consumes members of the same family or even whole families. Arguments erupt over promises that the deceased person allegedly made that are not found in the written will. Accusations are levelled that one person -- perhaps a late-in-life companion or a personal care attendant -- had an undue influence on the deceased and brought about illegitimate changes to the will. Or an entire will could be disputed on the grounds that the deceased lacked the mental capacity to make a new will and that the previous one should stand instead.
Issues can also arise with how a person's estate is administered. There can be suspicion that an executor or administrator failed to do their job properly or to fulfill their fiduciary duty, or worse, mismanaged or misappropriated assets for their own benefit. Trustees and guardians can be the subject of scrutiny for behavior that seems to be in their own interests, not those of a trustee or minor. And sometimes, problems arise simply because an estate is extremely complex, or because the deceased's intentions honestly cannot be determined. In all these cases, the assistance of lawyer is not only helpful, but often necessary.
The lawyers of Nirenstein Garnice Soderquist have the expertise and experience to help you navigate these tense and difficult waters. No matter how challenging the situation or how troubling the circumstances, we can help you with estate and probate matters, guardianships, conservatorships, dependency actions and many other aspects of this complicated area of law.
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For more information about our services, we invite you to contact us or call the firm at (480) 556-5800.