Family relationships can be tricky.  By the time one or both parents pass away, most children have had a lifetime of relationships with their siblings, cousins, nieces and nephews.  Sometimes these relationships can be highly successful; other times not so much.  When a parent or other relative passes away and money is on the table, feelings get involved.  Emotions can run high, and sometimes one or more heirs may feel there is an old score to be settled.  There can be problems if one or more of the heirs or trust beneficiaries feel like they have not been fairly treated.  Even with the most skillfully drafted will or trust document there can be room for differences of interpretation and claims of undue influence.  When such differences cannot be informally resolved then litigation results.

Oftentimes trust and probate litigation is about the money.  But just as often such litigation is about what the money represents.  Robert Jacobs has great success in settling probate and trust litigation matters by combining years of litigation experience with his top-tier interpersonal and mediation skills.

The Probate and Trust Litigation cases mediated by Robert Jacobs include the following:

  • Action by trustees against trust beneficiary for nonpayment by trust beneficiary on promissory note executed by such beneficiary
  • Petition by Special Administrator involving claims based on an alleged holographic will
  • Claim by trust beneficiaries that estate plan of trust settlor was obtained pursuant to undue influence
  • Petition to surcharge trustee and hold trustee personally liable, including claims of elder abuse and for return of trust assets distributed to trustee
  • Claims that a subsequent will revoking all prior wills was not a valid will
  • Petition by a petitioner against her sister for improperly administering assets of trust established by their parents and requesting the court to surcharge the trustee sister
  • Dispute between trust beneficiaries regarding continued occupancy of family home by one of the beneficiaries and alleged right of such beneficiaries to purchase the family home from the trust