Real Estate Litigation
We represent property owners, developers, builders, management companies, brokers, and investors. Our litigation attorneys have handled – and tried to conclusion – many lawsuits and legal disputes in areas such as the following:
- Access disputes
- Air rights litigation
- Acquisition disputes
- Commercial landlord-tenant litigation
- Commercial mortgage foreclosures and receiverships
- Condominium litigation
- Construction litigation
- Real property covenants and restrictions disputes
- Restrictive covenant disputes
- State deceptive and unfair trade practice acts litigation
- Surveying and boundary line disputes
Estate Administration:
Estate administration is a crucial process that estates undergo to facilitate the distribution of the decedent's assets according to their will or, in the absence of a will, in accordance with the laws of intestate succession. The pivotal figure in estate administration is the executor or administrator, officially appointed by the court to oversee the estate's affairs. This involves tasks such as creating an inventory of assets, securing and preserving the decedent's property, addressing outstanding obligations to creditors, preparing periodic accountings for beneficiaries, keeping beneficiaries informed, and, if necessary, litigating on behalf of the estate.
Trust Administration:
Trust administration is the procedural pathway trusts follow before distributing assets to beneficiaries. At the forefront of trust administration is the successor trustee, stepping into the role upon the death or incapacitation of the settlor, typically the initial trustee. Executors and trustees share common administrative responsibilities, including creating asset inventories, securing and preserving property, settling outstanding debts, providing periodic accountings to beneficiaries, maintaining communication with beneficiaries, and, if required, engaging in litigation on behalf of the estate or trust.
Fiduciary Responsibilities:
Both executors and trustees are fiduciaries, obligated to act in the best interests of beneficiaries. Failure to do so may result in legal action. To navigate these responsibilities effectively, having skilled estate and trust administration attorneys on your team is essential. Executors and trustees generally have the right to use estate or trust funds to pay for professional services, including attorneys, as long as these services benefit the estate or trust. This ensures a comprehensive approach to fulfilling fiduciary duties while avoiding potential legal challenges.
At Victorium Legal, we specialize in the intricate realm of Trust and Probate Administration, offering a comprehensive suite of legal services tailored to navigate the complexities inherent in trust and probate estates. Our approach seamlessly blends empathy with profound legal expertise to ensure a streamlined and cost-effective administration process. Our services encompass a broad spectrum of activities, including advising personal representatives, orchestrating estate distribution, and addressing the nuanced considerations of both federal and state estate tax implications.
Victorium Legal's attorneys bring a wealth of experience to the resolution of complex disputes in trust and estate administration. We proficiently address a variety of issues, including breaches of fiduciary duty, undue influence, questions of testamentary capacity, and instances of fraud. As recognized authorities in interpreting the terms of trusts and wills, we guide our clients through the intricacies of the probate court system with personalized and comprehensive representation. Our firm firm stands out in skillfully managing a spectrum of disputes, including but not limited to:
- Breaches of Fiduciary Duty: Resolving cases where fiduciaries fail to fulfill their obligations.
- Undue Influence: Addressing disputes involving undue pressure affecting decision-making.
- Testamentary Capacity Disputes: Navigating conflicts related to the mental capacity of individuals when executing testamentary documents.
- Fraudulent Estate Activities: Tackling cases involving deceitful practices in estate management.
If you are confronted with a trust or probate dispute, Victorium Legal is here to offer expert guidance and representation. With our team, you can confidently navigate any dispute, assured of our commitment to achieving the best possible outcome for you.
Probating a Will is a court process that includes determining if a valid Will exists, inventorying assets and property belonging to the estate, taking care of the decedent's financial liabilities, and identifying heirs and beneficiaries. Once all financial liabilities have been satisfied, and no claims have been submitted against the estate, the remaining property and assets can be distributed. If the decedent passed away with no Will, you would still need to go through a Probate process. Here is how we'll handle your probate matter at Victorium Legal:
- Open probate: To begin probate, we'll help you prove to your local county court that you're the right person to settle the estate, taking the guesswork out of the steps and necessary documents.
- Inventory of assets and debts: Uncover all the assets owned by the estate and we'll help you create a plan to take care of each asset and debt and present that plan back to the court for approval prior to executing.
- Distribute the estate: Once our plan is approved, it's time to execute the plan. This might include things like selling property, closing accounts, or distributing money to heirs.
- Close the estate: Now that all assets have been distributed, we will help you in submitting documentation that proves we executed the plan accordingly. The estate is now closed, and you can take a deep sigh of relief.
Our primary goal is to protect our clients' rights and provide them with the support needed to navigate emotionally demanding trust and probate litigation. Our extensive experience in this field has enabled us to assist numerous clients in achieving favorable outcomes. Understanding the unique challenges that come with trust and probate disputes, we place a high priority on clear and consistent communication, ensuring that our clients are always informed about the status of their case and the forthcoming steps.
