Practice Area - Compel Distributions

Compel Distributions

Compelling a distribution is a legal process that requires estate trustees or executors to fulfill their obligations by paying beneficiaries, dividing property, or covering debts and expenses. Unfortunately, some trustees or executors may unreasonably delay taking action due to incompetence, laziness, or even theft. At DBL Trust Law Attorneys, we are committed to ensuring that our clients receive what they are entitled to, by working diligently to move the process forward.

Incompetence is a common challenge in estate administration, particularly when trustees or executors are elderly, suffer from dementia or other mental incapacities. In such cases, DBL Trust Law Attorneys can offer to handle the estate ourselves, or use the courts to force the trustee or executor to take appropriate action. This may include hiring an attorney to provide support or appointing another person to manage the estate.

Laziness is another issue that can cause delays in the distribution process. In some cases, trustees or executors may lack the motivation to care for the estate, especially if they have already received their share of the assets. DBL Trust Law Attorneys can help accelerate the process by petitioning them to move quicker, seeking a court order to compel action, or requesting a judge to remove them from their position.

Wrongdoing by trustees or executors, such as stealing estate assets, can have serious consequences, making it difficult or impossible to provide beneficiaries with what they are entitled to. At DBL Trust Law Attorneys, we take prompt and aggressive action to remedy these wrongs, preserving the remainder of the estate and ensuring a fair distribution. We can seek extra damages from the court, and ask a judge to remove and/or punish the wrongdoer.

In summary, compelling a distribution is a critical aspect of estate administration that requires the expertise of a knowledgeable and experienced legal team. At DBL Trust Law Attorneys, we are committed to helping our clients navigate the legal landscape with confidence and achieving the best possible outcome. We will work closely with you to understand your goals and priorities, and develop a customized strategy that is tailored to your unique circumstances.

At DBL Trust Law Attorneys, we use a contingency fee agreement, which means that we do not charge any upfront fees. We only get paid if we win your case.

The timeline for resolving a case varies greatly depending on the circumstances. Some cases settle quickly, within a few weeks or months, while others can take several years and go to trial, and even be appealed. While we cannot guarantee a specific timeline, most cases we handle are resolved within six to nine months. The timeline for resolving a case can be impacted by several factors, such as the complexity of the case, the amount of evidence involved, the cooperation of the other party, and the willingness of both parties to negotiate and settle.

If you are a beneficiary of the will or trust, you have the legal right to obtain a copy of the estate plan. However, if you are not a beneficiary, you do not have this right. Yes, we can request a copy of the estate plan on your behalf. In most cases, the other party will comply and provide us with a copy. If the other party refuses to provide a copy of the estate plan, we may have to file a lawsuit to force compliance. However, this is not always necessary and will depend on the circumstances of your case.

If you receive a letter giving you 120 days to contest the estate plan, it is important to seek legal advice immediately if you plan to challenge the plan. Waiting beyond the 120-day limit could limit your legal options and prevent you from challenging the most recent version of the plan. We can provide legal advice and representation for those who wish to contest an estate plan. We offer a free consultation to discuss your case and determine the best course of action. To make the most of your consultation, you should bring any relevant documents related to the estate plan, as well as a list of any questions or concerns you may have. This will help us better understand your situation and provide you with personalized legal advice.

If you never received a 120-day letter regarding an estate plan, it may still be possible to take legal action. The 120-day letter is a legal requirement in some jurisdictions, but not in others. Therefore, whether or not you received such a letter may not be determinative of your ability to contest an estate plan. Our experiences attorneys can help you understand your legal options, even if you did not receive a 120-day letter. The ability to contest an estate plan depends on various factors, such as the specific laws in your jurisdiction and the circumstances of the case. Therefore, it is important to consult with an attorney to discuss your situation and determine the best course of action.

While being a relative may increase your chances of receiving an inheritance, it does not guarantee that you will receive money under an estate plan. People have the legal right to leave their money and property to whomever they choose, and this includes leaving assets to individuals outside of their immediate family. If you believe that you have been unfairly excluded from an estate plan, or that someone who did receive money should not have, you may have a legal claim. It is important to speak with an attorney who specializes in trust and probate litigation to discuss your options and determine the best course of action.

Yes, it can be important. One of the ways that DBL Trust Law Attorneys may contest an estate plan is by examining the mental competency of the person who created it. If there is reason to believe that the person was not of sound mind or lacked the mental capacity to understand the consequences of their actions, the estate plan may be deemed invalid. To do this, we may examine medical records, interview witnesses, and question the lawyer who prepared the plan. We also work with medical and mental health professionals who can provide expert opinions on the person's mental state at the time the estate plan was created. By thoroughly examining an estate plan, we may uncover opportunities to challenge the plan that other firms may overlook. This includes assessing the mental competency of the person who created the plan, as well as other legal grounds for challenging the plan. We will work with you to determine the best course of action based on the specific circumstances of your case.

The impact of your sibling's criminal past on your case will depend on the specific circumstances involved. If their criminal activities have a direct impact on the estate plan, such as stealing money or threatening your parents to change the plan in their favor, this could work in your favor. At DBL Trust Law Attorneys, we can help you understand the legal options available to you and determine the best course of action based on the specific circumstances of your case. We have experience in trust and probate litigation and can help you build a strong case to protect your interests.

Bank, retirement, and investment accounts may be included in your parents' estate plan if they are specifically mentioned in the plan and there is a designated beneficiary to inherit those assets. If the beneficiary of a bank, retirement, or investment account is listed outside of the estate plan, the assets will pass directly to that person or people and may not be subject to the terms of the estate plan. It is always best to have an attorney review the facts of your specific situation to determine your legal options. Our team can provide you with a free consultation to review your case and help you understand your legal rights and options.

It may matter, especially if there is contention between estate beneficiaries regarding the joint tenancy arrangement. Joint tenancy arrangements can become a source of contention if the surviving joint tenant(s) are not the same individuals who are designated as beneficiaries in the estate plan. This can sometimes occur when declining parents name a son, daughter, or other party as a joint tenant to handle financial matters. If you are involved in a dispute over joint tenancy property or believe that the arrangement was created under duress or coercion, it is important to speak with an experienced trust and probate litigation attorney. DBL Trust Law Attorneys can help you understand your legal options and determine the best course of action based on the specific circumstances of your case.

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