Estate litigation
Trust and estate litigation encompasses legal disputes that arise from the administration and distribution of a deceased person’s assets. This field is often highly technical and complex, involving matters related to wills, trusts, and probate processes. Common issues include:
Will contests :
Challenges to the validity of a will due to lack of capacity, undue influence, or improper execution.
Trust disputes :
Conflicts among beneficiaries, trustees, or executors regarding trust terms, breach of fiduciary duty, or asset mismanagement.
Probate issues :
Disputes during the probate process, such as objections to executor appointments and disagreements over asset valuation.
Claims of
undue influence :
Allegations that one party improperly influenced the deceased’s estate decisions.
Given the complexity of these disputes, early intervention from a lawyer can often prevent extensive legal costs and reduce stress. If you are facing a dispute involving a trust or a loved one's estate, consider being represented by the attorneys at Evashevski Elliott PC.
Litigation attorneys, disputed trusts and estates.
Trust and estate disputes frequently lead to heated arguments among family members. A crucial aspect of effective resolution is identifying the core issue of contention—a primary focus of our representation. Our Corvallis and Albany trust litigation attorneys take a comprehensive approach to clearly identify the underlying legal issues, allowing us to develop a tactful strategy for resolution.
While litigation is often perceived as a costly and stressful endeavor, it doesn't have to be. Our skilled negotiators leverage all available resources to pursue agreements outside the courtroom whenever possible.
Experience is on your side.
Our seasoned trial lawyers possess extensive courtroom experience in Corvallis, Albany, and throughout the Willamette Valley. We have successfully represented individuals, trustees, personal representatives, beneficiaries, and others, bringing in-depth knowledge of Oregon probate and estate law to every case. We are dedicated to resolving your legal matters efficiently and effectively.
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Frequently Asked Questions
How can I make sure my estate avoids probate?
Tools like revocable living trusts, beneficiary designations, and joint ownership can help. We’ll design a plan that fits your goals and Oregon’s laws.
How often should I update my estate plan?
We recommend reviewing your plan every 3–5 years or after major life events like marriage, divorce, having children, or significant financial changes.
What’s the difference between a will and a trust?
A will outlines how your assets are distributed after you pass away, but it usually goes through probate. A trust can help your estate avoid probate, provide privacy, and give you more control over when and how assets are distributed.