We Set Things Right In Estate Litigation
The process is supposed to be so simple: Someone leaves a will explaining who gets what portion of the assets, and everything works itself out in probate. However, it is almost never that simple. In far too many cases, siblings and other family members end up fighting over who gets what, and the entire situation becomes far more complicated than it should be.
When the disposition of an estate is disputed, you need strong legal counsel from a team of attorneys you can trust. At Martin, Elliott & Snell P.C., we focus a large part of our practice on helping our local clients find resolution to estate and probate disputes. Located in Tualatin, our law firm has been serving clients in the Portland area since 1985.
Managing Inheritance Disputes
There are numerous types of disputes that arise in the administration of an estate:
- Breach of fiduciary duty: This is perhaps the most common of the disputes in estate administration. The executor or administrator of an estate has a demanding legal duty. When that person fails to keep an accounting, fails to communicate with the beneficiaries or violates the limits of their fiduciary license, disputes arise.
- Lack of capacity: In some cases, potential beneficiaries argue that the deceased was not of sound mind when creating a will or any other estate document, thus nullifying the document’s validity. Lack of capacity can be due to dementia, coercion from an outside force, undue influence or other causes.
- Disputes over the disposition of assets: These are simply disputes over who gets what. They can arise when a potential beneficiary is not given assets that they believes they should have received. Perhaps your father promised to leave you the family vacation property but it was not spelled out clearly in the will. This is just one example, but these situations arise consistently in estate administration, and our lawyers can help protect your rights.
At Martin, Elliott & Snell P.C., our attorneys understand the relational and legal complexities in these cases. When possible, we can resolve disputes through mediation and negotiation, and when these efforts are unavailable, we take cases to court and litigate for our clients.
Estate disputes are complicated. You don’t need to have all the answers – that’s what we’re here for. Just reach out and we can discuss your case.