Trust, Will, Estate & Guardianship Litigation

St. Louis Trust, Wills, and Estate Lawyers – disputes & lawsuits

There are two types of lawyers one might call a trust, will, and/or estate attorney: drafters and litigators (trial attorneys). Simply put, we are trust, will and estate litigators. More specifically, many attorneys offer to prepare wills, trusts, and other estate planning / probate documents. On simple matters, a form can be adapted with relatively few key facts and choices, because the applicable law (though highly complex) is very stable. It has to be. The protections the lawyer is preparing will be relied upon (by you and/or your family) for years, and hopefully decades. However, very few of these lawyer have any desire to see the inside of a courtroom, if they have any trial experience at all.

In other words, even if the law remains completely unchanged, your particular facts and circumstances obviously have not. If an issue has arisen which even threatens to turn into a lawsuit, you should seek the counsel of  an experienced will, trust, or estate litigator. 

Adult Guardianships & Conservatorship

When a power of attorney is absent or ineffective, the court can protect the rights of the incompetent, by appointing a guardian and/or conservator (if the issue is simply a matter of their inability to handle their financial affairs). However, this is a drastic infringement on personal liberty, so they can only make such an appointment if an interested party adequately proves this incapacity to make such decisions, whether regarding finances or healthcare, voting, and marriage. 

Similarly, the appointed guardian can be changed, and alternatively, the process can be reversed entirely (thus restoring a person’s liberty/autonomy), by proving capacity.

Minor / Child Guardianships

Unlike persons over the age of 18, children are simply not trusted to make competent decisions regarding their healthcare, education, living situation, or finances (if they have personal assets). If a parent is unable to make these decisions, the court can appoint a guardian to do so.

Lawsuits involving family issues.

Of course, we understand that not all wins are measured in dollars. Every case we take is important and requires no less than complete diligence, but these cases aren’t just business, they’re personal. We will be aggressive, of course, but never lose sight of what actually matters to you the most, the well-being of your family, however you define it.

If you wish to speak, confidentially, to an attorney on such matters, please contact: Joshua M. Schindler, or Brian P. Doty

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