Trust and Estate

Support with Disputes so You Can Focus on Your Loved Ones

Our team represents individuals in a variety of trust and estate disputes, including actions to invalidate wills or trusts, actions by or against personal representatives or trustees, and disputes regarding the financial abuse of elders or other vulnerable adults. 

In Washington, the Trust and Estate Dispute Resolution Act (TEDRA) provides a framework for the efficient resolution of disputes involving probate administration and trust management, through mediation, arbitration, express agreement, and trial, if necessary. 

Under TEDRA, our attorneys have successfully represented a spectrum of clients, including beneficiaries of wills and trusts, surviving spouses, and vulnerable adults.

Learn more about TEDRA in Q&A with Terrell Marshall’s own Adrienne McEntee .

The primary issues that arise in probate and trust litigation include:

Actions to Invalidate Trust or Will Documents

• Contesting or defending the terms of a will or trust,
• Contesting a beneficiary’s ability to inherit under a will or trust because of lack of capacity to make the will or trust,
• Contesting a beneficiary’s ability to inherit under a will or trust because of allegations of:
  • Financial elder abuse,
  • Undue influence,
  • Fraud

Actions Against Personal Representatives or Trustees

• Compelling personal representatives or trustees to account for funds,
• Alleging breach of fiduciary claims against personal representatives or trustees,
• Petitioning for the removal of personal representatives or trustees
  

Actions to Invalidate Lifetime Gift

• Contesting or defending a lifetime gift because of allegations of:
  • financial elder abuse
  • undue influence,
  • allegations of fraud
• Contesting or defending a lifetime gift because of lack of capacity to make the gift 

Think you might have a case?

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