Sensible And Effective Representation In Probate / Trust Disputes

Beneficiaries Have Rights In Probate Court

While Key Schoen represents Trustees and Executors regularly, he also has many clients who are not in control of the Estate/ Trust but instead are simply a beneficiary. These beneficiaries have rights under the law, and fiduciaries of Estates/ Trusts who fail to respect these rights are on the wrong side of the law.

These disputes are typically loaded with emotion. Family members are coping with the loss of a loved one, and for whatever reason(s) there is a lack of trust. There are both effective and ineffective methods of resolving Estate/ Trust disputes. Inexperienced attorneys can exacerbate the parties’ differences, which leads to more expense, or worse, formal litigation.

Key Schoen has over 30 years of experience dealing with legal disputes and understands it is preferable to resolve the disputes before engaging in expensive litigation. The key is to help resolve disputes, regardless whether the client is a Trustee/ Executor or simply a beneficiary, is to recognize the law honestly and reasonably, and communicate such clearly to the opponent.

Again, the key is to firmly, yet reasonably, assert your rights.  Mr. Schoen is uniquely positioned to handle disputes in Estate and Trust matters.  Attorneys who practice in this area of the law know, or should know, that Key Schoen will fight against unreasonable and unlawful conduct.

What Are You Fighting For?

Key Schoen helps clients and opponents understand what is at stake. Often, the parties involved in the dispute are family members whose relationship may endure long after the Probate or Trust process is completed. The long-term damage inflicted by a drawn-out and embittered Estate or Trust dispute (or worse Circuit Court Litigation) can be more painful than the messiest divorce.

Key Schoen helps families resolve disputes efficiently rather than battling endlessly and watching the estate’s assets evaporate. All of the parties may not walk away happy, but more often than not, they walk away having divided significantly more assets than they would have if the dispute was finally resolved through prolonged litigation.

The Solution Is A Phone Call Away

If you need to protect your beneficiary rights in a sensible manner, it’s important to enlist the services of a Kentucky lawyer who puts clients’ concerns first. Call to schedule a meeting or teleconference with Key Schoen, or use the contact form to email a description of your situation and schedule a meeting.

Finding Solutions To Estate/ Trust Disputes

Key Schoen’s Experience Helps To Resolve Problems Before Litigation. When a loved one dies, the emotions of family and friends can spill over into the estate/ trust administration process. Disputes between beneficiaries can quickly become complex and too involved to resolve without legal guidance. An experienced attorney can protect your rights while helping you resolve a dispute efficiently and cost-effectively.

At Key Schoen Law in Louisville, resolving Probate and Trust disputes is what we do. Most attorneys who practice estate/ trust law do not have a significant amount of trial experience. This is a fact. Key Schoen’s background as a litigator who concentrates on estate/ trust matters distinguishes him from other attorneys.

Mr. Schoen’s passion for estate/ trust work is due in large part to a case that came to him in 2004. A mother and daughter were named as defendants in a Will contest involving two separate estates. Key Schoen successfully defended his clients in a jury trial, endured two separate appeals, and prevailed through years of court hearings. Ultimately, Mr. Schoen’s clients counter-sued for malicious prosecution and his clients settled the case for double the property and dollar amount they were entitled to under the original Will. This case led to Key Schoen’s devotion to Estate/ Trust matters.

Key Schoen Works To Resolve Disputes Before They Go To Trial Court

It is important for the parties involved in an Estate and Trust administration dispute to understand the difference between resolving cases within Probate court and proceeding to a full-fledged Trial in Circuit Court.

Disputes may arise during Probate (the process of validating the terms and distribution of a decedent’s assets). Because Key Schoen represents individuals in all varieties of circumstances in estate and/ or trust matters, he can provide a balanced perspective. His experience can lead to practical resolutions of disputes.

Trust Litigation / Trust Disputes

In July 2014, Kentucky legislature enacted the “Uniform Trust Code”. These new statutory laws provided Beneficiaries of Trusts with more clear, and better laws to protect their interests. Procedurally and substantively, these laws give Beneficiaries legal leverages that were not present before. Moreover, these new trust statutes, along with case law, make the cost of litigating disputes more manageable. In fact, Kentucky’s Uniform Trust Code plainly authorizes a party to get his/ her attorney fees reimbursed. This is legally a very significant development in the law of Trusts! This statutory right provides both sides with a plain understanding that each should act legally and responsibly. Key Schoen has thoroughly studied these laws, and utilized many of them to get great results. If you are a beneficiary of a Trust, and the Trustee is not reasonably responding to you and/ or is not communicating with you, there has never been a better opportunity to get relief under Kentucky’s new laws. If you are the Trustee, and you are behaving reasonably, but the beneficiary is making unreasonable demands, you can take solace knowing you are doing what the law requires, and you may get reimbursed for your opponent’s unnecessary and imposed costs for defending against the unreasonable claims.

Has Someone Mismanaged Funds?

In some cases, a dispute is over the mismanagement of funds or other assets placed in a Trust or Probated Estate. Key Schoen has experience handling cases where there are claims that a fiduciary has breached his or her duties.

It is important to address Estate/ Trust disputes with a lawyer as soon as possible. The sooner a dispute is addressed, the more likely it is to be resolved without litigation, saving everyone involved money and emotional wear and tear. Call 502-589-0077 or use the online contact form to schedule a meeting or telephone conference.

You can learn more about Key Schoen’s work experience and education on Key Schoen’s attorney profile page.