Trust & Probate Litigation

Dallas, Texas Probate Litigation Attorney

Litigation may be necessary when financial mismanagement of a trust or estate or undue influence is involved in the execution of a will. At the law office of Stephen Kaplan, P.C. we work with forensic accountants, handwriting experts, and other professionals as needed to expose malfeasance on the part of executors or trustees. In probate litigation, we consult private investigators and medical professionals when a will departs radically from known, stated wishes of a decedent. In many cases, a thorough review of the history of a will and the actions of the people surrounding the deceased in the latter months and days of his or her life is enough to reveal the presence of undue influence or diminished mental capacity.

If you believe a trust or estate has been mismanaged or believe your deceased family member was manipulated or coerced into changing his or her will, contact trust and probate litigation lawyer Stephen Kaplan today to schedule an appointment and discuss your case.

When Trust or Probate Litigation Is Necessary

The Law Office of Stephen Kaplan, P.C. represents clients in regard to the following issues surrounding a trust or will:

  • Failure to file or furnish accurate financial reports for a trust or estate
  • Financial mismanagement of a trust or estate
  • Fraud
  • Inconsistencies in IRA or 401k designations
  • Duress in preparing a will
  • ERISA issues effecting a will or trust
  • Undue influence
  • Mental capacity
  • Violations of fiduciary responsibility
  • Improper transfer of property or money

Undue Influence, Mental Capacity, and Wills

Most families talk about how property and assets will be divided upon the death of an elderly parent, spouse, or relative. As a result, it's not uncommon for someone to tell loved ones what they have provided for them in a will. When a will departs from earlier stated wishes on the part of the deceased, undue influence or mental capacity issues may be involved. By examining earlier drafts of a will, checking the medical records of the deceased, and reviewing financial transactions on their part, it's often possible to identify a pattern of undue influence or diminished mental capacity.

Our office reviews the actions of healthcare workers that may have had contact with the deceased in a nursing home, the actions of neighbors and the interactions of family members with the deceased. Using investigators and other experts, we can often expose undue influence or the presence of diminished mental capacity in cases where a will departs from the known wishes of the deceased.

Trust Litigation and Fiduciary Responsibility

A trustee, whether private or corporate, often must file or submit an annual report and tax return on the trust they are in charge of. If trust funds are depleted or mismanaged as evidenced by the annual report or tax return, our office can use a forensic accountant to determine what happened. As your attorney, Stephen Kaplan will expose poor investment strategies, dual agency, and outright embezzlement. During the discovery process during litigation, our office reviews bank records, investment decisions, and tax returns in order to identify criminal or suspicious behavior.

Contact Trust and Probate Litigation Attorney Stephen Kaplan Today

We can help you recover some or all of what has been lost through the mismanagement of a trust or manipulation of a will. Schedule an appointment to learn how we can help you by contacting trust and probate litigation attorney Stephen Kaplan today.