An interested party can force an Executor, Agent or Trustee to file a Formal Accounting. Once submitted to the court each party receives a copy of the Formal Accounting. If the fiduciary is dishonest, they may file a misleading or confusing accounting. Interested parties may have their Accounting Lawyer file objections. Further, the Estate Litigation attorney may obtain permission to force discovery. In this way, the Estate Litigation Lawyer may secure bank records, subpoena evidence, depose the fiduciary and interview witnesses. Money usually leaves a trail.
If parties do not settle, the judge holds a hearing. Successful objections depend on evidence submitted by the rules rules of evidence and in a manner that allows the judge to render a decision in your favor. Assembling, organizing and presenting this evidence is a skill set learned over time, and not something that should be attempted by anyone who is not an Estate Litigation Lawyer. If the evidence is not presented correctly, the judge cannot find in your favor.
The judge listens to each side and then renders a decision. If the judge finds the fiduciary’s actions improperly reduced the estate, the judge may surcharge the fiduciary.
If you have any questions about Contesting and Objecting an Accounting or any other estate law topics, please contact us to schedule a free consultation .
For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex Estate Law and Contesting and Objecting Accountings clearly and concisely. If you are involved in Probate Litigation, our experienced Probate Litigation Attorneys will make it easy for you to understand and provide top notch representation so you can make the best decisions.
Many firms assign Estate Litigation cases to their young lawyers or a general litigator. This is not cost effective. Being that Estate Litigation is what we do, our experience allows us to focus quickly on the issues that matter. By being focused, we arrive at the most cost efficient plan. We find the solution to your problem while the others are just warming up.
While some firms litigate, few of them have whole departments focused exclusively on estate matters. At Klenk Law, our Probate Litigators have the luxury of partnering with other lawyers from our Probate or Estate Planning Departments. The depth of experience we can focus on your case is truly impressive. Whatever issue you are facing, our team has the answer.
Our breadth of experience allows us to successfully represent beneficiaries taking on lazy trustees and executors. In the same way, we are equally skilled at protecting trustees and executors from ungrateful beneficiaries. Whether you are a fiduciary, agent, guardian or beneficiary, our skills will best represent your case.
Had our will done with Peter and his team. Made the process super easy and understandable. His team lead by Laura Parisi were always available for questions and assistance. Professional and personable they made what can be a challenging experience hopeful and graceful. Cannot recommend their services enough!
Wonderful Experience working with the team
I worked with Daniella to settle my father’s estate. She was kind, efficient, knowledgeable, and made the entire process seamless. I highly recommend working with Daniella.
Peter offers excellent service in a easy friendly atmosphere. Highly recommended!
Jackie was fantastic! She helped prepare our will, her professionalism and organization was top notch! We highly recommend Jackie and Klenk Law.
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