Probate & Trust Litigation
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Satisfied Client Stories
"MAX ALAVI MADE THE PROCESS OF CREATING A FAMILY TRUST VERY EASY. HE WAS ORGANIZED AND WAS ABLE TO ANSWER ANY QUESTIONS I HAD QUICKLY. HE TREATED ME WITH RESPECT AND ASKED THOUGHTFUL QUESTIONS ABOUT WHAT I WANTED. IF YOU NEED A FAMILY TRUST I RECOMMEND MAX ALAVI HIGHLY WITHOUT ANY RESERVATIONS."
"VERY PROFESSIONAL SERVICE. MAX WAS WONDERFUL! HE ANSWERED ALL OF OUR RIDICULOUS QUESTIONS AS MY HUSBAND AND I HADN'T EVER THOUGHT OF HAVING A TRUST AND HAD NO IDEA WHAT WE WERE DOING. IT WAS A VERY SIMPLE PROCESS, AND HIS OFFICE WORKED WITH US TO SCHEDULE APPOINTMENTS WITH OUR CRAZY SCHEDULE. WITH OUR GROWING FAMILY IT'S GREAT TO KNOW THAT OUR CHILDREN WILL BE PROTECTED IF SOMETHING HAPPENED TO ME AND MY HUSBAND, AND WE CAN THANK MAX FOR THAT FEELING OF PROTECTION!"
I FOUND MAX TO BE PATIENT AND RESPONSIVE TO OUR REQUESTS. IT TOOK A WHILE TO GET EVERYTHING IN ORDER SINCE WE LIVE OF-OF-STATE AND COULD NOT SIGN EVERYTHING IN LESS TIME. I WILL RECOMMEND MR. ALAVI TO MY CO-WORKERS WHEN THE SUBJECT OF LIVING TRUSTS COME UP.
MAX CAME TO MY WORK TO GIVE A PRESENTATION ON HIS SERVICES. HE WAS VERY PROFESSIONAL AND TOOK AS LONG AS WE NEEDED TO ANSWER ANY QUESTIONS WE HAD ABOUT HIS SERVICES. HE PUT THINGS IN A VERY EASY TO UNDERSTAND LANGUAGE AND MADE SURE HE DID NOT TALK ABOVE HIS AUDIENCE. I HIRED MR. ALAVI TO EXECUTE A LIVING TRUST FOR MY WIFE AND I. THROUGHOUT THE ENTIRE PROCESS HE WAS VERY PATIENT AND MADE SURE WE UNDERSTOOD EVERYTHING WE WERE INCORPORATING INTO THE TRUST. DEALING WITH MAX WAS A BREEZE AND I WOULD RECOMMEND HIM TO ALL MY FRIENDS AND COWORKERS.
- Intimidation, Duress or Elder Abuse;
- Mental Capacity;
- Ambiguity and Procedural Defects;
- Undue Influence and Fraud: If an individual abused a position of trust or deliberately misled the deceased person.
- Probate and Trust Administration: Disputes arise when a beneficiary or other aggrieved party challenges actions or inaction of a trustee or personal representative.
- Intimidation, Duress or Elder Abuse: If testator changed his or her will under the threat of force, intimidation, abuse or duress.
- Undue Influence: If someone close to the deceased person, such as a caregiver, family member, or friend, unfairly used a position of trust, it is said that said person had an undue influence on the deceased.
- Mental Capacity: If the testator is shown to have been in an impaired mental state at the time the will was executed.
- Defects in Will: A will may be contested if it was signed in the absence of witnesses, was not signed by the testator, or is otherwise not executed according to the law.
- Revocation: If the will was revoked after it was executed, it can also be considered void.
- Misrepresentation or Fraud: If the testator was deliberately misled by a third party.
- Challenged to Trust Validity: challenges to the validity of a trust often involve allegations of incapacity, undue influence, duress or elder abuse. Additionally, if a trust was drafted without the aid of an attorney, or with an attorney lacking experience the terms may be open to interpretation. In such cases, a dispute may arise where the court is asked to interpret an ambiguous term.
- Challenging Trust Administration: Unlike in Probate Court, Trust Administration is typically accomplished without court oversight. Disputes arise when aggrieved beneficiaries, creditors, and taxing authorities challenge the administration of the trust, attempt to replace the trustee, or hold the trustee personally liable for mismanagement or malfeasance.