How You Know It's Time To Find A Fiduciary Litigation Attorney

Acting as a fiduciary agent is a challenging honor. You've been deemed trustworthy and honest enough by your friend or family member to manage their estate upon their death, but it can take a lot of work, depending on how prepared for death your friend was and what his or her financial life looked like.

You're responsible for the disposition of assets, settling of debts and taxes and ensuring heirs receive their inheritance. Not only that, you've got to take care of the day-to-day stuff too like cancelling bank accounts and utilities and notifying the Social Security Administration and other government agencies of the person's death.

The job is tough enough without the added stress of being sued yourself! Yes, it can and does happen. Fiduciary agents who are only trying to abide by their friend or family member's best wishes can find themselves blindsided by a lawsuit aimed at them personally. When this happens, it's time to find a litigation attorney who specializes in estate law to help you get through this added challenge.

Why Would I Need A Fiduciary Litigation Attorney?

It is not at all rare for lawsuits to arise in estate law. There are many situations in which the deceased did not have a will and heirs fight to manage the assets. This can happen even if a will exists, especially if there is significant wealth at stake. The problem is exacerbated when an heir is also named as executor. Other heirs may not trust the executor and sue for a change in executor. At other times, lawsuits arise when the fiduciary agent doesn't perform his or her duties in compliance with the law - whether they did so knowingly or not.

In all of these cases a lawyer can look out for your best interests and fight for your rights when you're faced with a lawsuit. These attorneys are also familiar with estate law and can make sure the executor is operating within the confines of the law. Sometimes, all an executor needs is a good litigation lawyer on his or her side to quiet the heirs while the estate is being settled. But if that doesn't work, the litigation attorney can represent you in a court of law or try to settle the dispute out of court.

Will A Litigation Attorney Represent Me?

Fiduciary litigation attorneys represent anyone with a vested interest in the outcome of a will or estate settlement. This includes fiduciary agents, representatives and executors, beneficiaries and heirs and even interested third parties. As your legal representative, a litigation attorney will try to negotiate an outcome that protects your interests while meeting the legal requirements of the estate. But you don't have to wait until there is a dispute or lawsuit to contact an attorney.

If you're at all concerned about being able to fulfill your duties as fiduciary, you should contact a lawyer who specializes in wills, trusts and probate such as an estate lawyer or elder law attorney as soon as possible to ensure you are protecting yourself while at the same time performing your duties as required by law.