On occasion, disputes arise regarding legal issues during the administration of a probate estate and during the administration of a trust. Those issues that arise sometimes result in additional litigation in the probate matter and trust litigation in the trust administration. Some of those issues are to remove the acting trustee, compel an accounting from the trustee, petition the court related to a breach of fiduciary duty, or a trustee who has a conflict of interest in a transaction may be ordered to return property, among many other issues. We also assist trustees in defending their acts as trustee and work to achieve cooperation and transparency in the trust administration with the beneficiaries to avoid litigation and protect the trust assets for the benefit of the beneficiaries. We work to resolve disputes and issues through meeting and conferring with the parties, direct mediation, alternative dispute resolution and less frequently in lawsuits and additional civil litigation including trials and appeals.
This office has handled countless estate cases. That time valued experience drives us, when handling estate cases, toward creating settlement agreements that are consistent with the interests of the beneficiaries, the estate, and certainly in the interests of the settlor, trustor and the decedent. We also work closely with trustees to assist them with whatever legal issues may arise.
We understand that family priorities involved in probate and trust litigation usually take precedence and can sometimes make litigation frustrating for family members. We seek to reach an agreement without litigation first, but litigation when necessary can be very helpful to achieve our client’s goals. Both the father-daughter attorneys Rodney W. Wickers and Christina M. Wickers handle cases from inception, through trial and up to the appellate court level.