Inheritance Issues

Ambiguity in a will is a functional invitation for a judge to step in and interpret your family's future. If a document uses vague terms like "all my property" or fails to account for children from multiple marriages, the court must initiate an evidentiary hearing to determine the decedent's true intent. This process is expensive, time-consuming and public, often resulting in a distribution that satisfies no one. We utilize forensic linguistic analysis to resolve these ambiguities and prevent the court from imposing its own formula on your family's capital.

Undue influence is the most common charge in high-value Inheritance Issues, occurring when a caregiver or a distant relative manipulates a vulnerable person to change their estate plan. If a new will was signed while the decedent was on heavy medication or suffering from dementia, the court will treat the document as suspicious. The discovery of a deathbed amendment is a regulatory trigger for an immediate capacity challenge. We specialize in reconstructing the decedent's medical and social history to prove that a signature was obtained through coercion rather than free will.

Beneficiaries have an absolute right to information, including a full inventory of the estate and periodic accountings of all expenditures. When an executor refuses to share the terms of a trust or hides bank statements, it is almost always a sign of administrative misconduct or embezzlement. This refusal provides the legal basis for a petition for removal. We move decisively to freeze the fiduciary's authority and compel a judicial accounting, ensuring that your wealth is not drained by an uncooperative representative.

Self-dealing occurs when a trustee uses trust property for personal gain, such as taking a loan from the trust at a low interest rate or selling family real estate to a business associate. These actions are a fundamental breach of the duty of loyalty. If a trustee is found guilty of self-dealing, the court can surcharge them, requiring them to pay the trust back from their personal pockets. We provide the aggressive advocacy needed to identify these breaches and hold fiduciaries personally liable for the financial damage they cause to your legacy.

Many estate plans include a no-contest clause that threatens to disinherit anyone who challenges the will. However, these clauses are often difficult to enforce and do not apply if the challenger has probable cause to believe the will is invalid. Aggressive heirs often utilize the discovery process to find evidence of fraud or technical defects that make the clause irrelevant. We represent heirs in navigating these deterrence tactics, ensuring that your right to challenge a fraudulent plan is not silenced by a poorly drafted threat.

Trust and will amendments that were executed in secret are a major red flag for litigation. If one sibling suddenly produces a new document that gives them a larger share, the other beneficiaries will immediately suspect undue influence or forgery. This discovery often happens months after the death, creating a state of shock and hostility that makes a settlement impossible. SJKP LLP specializes in the forensic auditing of document execution, utilizing digital forensics and witness testimony to expose the circumstances behind these suspicious changes.

A title company will not insure the sale of a property if there is a pending heirship dispute or a challenge to the will's validity. This creates a functional barrier that prevents you from liquidating the estate's most valuable asset to pay for legal fees or taxes. If the deed is clouded by the claims of an estranged relative or a creditor, the property is essentially unsellable. We utilize quiet title actions and settlement agreements to clear these clouds and restore the property's marketability.

Because a decedent cannot sign a new loan and the heirs do not yet have legal standing, an inherited property cannot be used as collateral during the litigation phase. If the estate lacks liquid cash, this freeze can lead to a foreclosure by the mortgage lender or a tax auction by the municipality. This circular problem is a hallmark of complex cases. We resolve these crises by seeking emergency court orders that grant the executor the power to manage the property's debt, preventing the total loss of real estate equity while the larger dispute is resolved.

Institutional creditors utilize automated tracking systems to monitor every new probate petition filed in the county court. They act with predatory speed, filing claims against the estate the moment a representative is appointed. If the executor does not aggressively audit these claims for procedural errors or statute of limitation violations, they will be paid out of your inheritance. We act as an authoritative barrier against these creditors, negotiating for massive reductions and utilizing homestead exemptions to shield the family home.

The IRS places a silent, automatic lien on all assets in the gross estate the moment a death occurs, preventing the distribution of property until the tax liability is cleared. This lien is a cloud on every title and a lock on every brokerage account. The government utilizes this leverage to force the estate into a quick and often disadvantageous settlement. SJKP LLP manages the partial release of lien process with the IRS, providing the technical documentation needed to allow for the movement of assets while the final tax audit is still pending.

If you have evidence that an executor is selling family heirlooms, spending estate cash on personal expenses or neglecting the maintenance of real estate, you must move for a temporary restraining order. This judicial emergency stop prevents any further action by the fiduciary until a hearing can be held. This is the only way to preserve the status quo and stop the drain on the estate's value. We move with speed to secure these orders, protecting the principal of your inheritance from administrative theft.

A petition for a formal judicial accounting forces the executor to produce every bank statement, receipt and tax return associated with the estate under penalty of perjury. This forensic deep dive often reveals unauthorized withdrawals, commingled funds and hidden loans that the executor believed would go unnoticed. This evidence provides the legal grounds to surcharge the fiduciary, requiring them to pay the estate back from their own personal pockets. We treat every accounting as a forensic investigation to ensure that every cent of your legacy is accounted for.