Sensible And Effective Representation In Probate Disputes

Beneficiaries Have Rights In Probate Court

While Key Schoen represents personal representatives of estates/ trusts regularly, he also has many clients who are not the estate/ trust representative but instead are simply a beneficiary. These beneficiaries have rights under the law, and personal representatives who fail to respect these rights are on the wrong side of the law.

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

Key Schoen has over 29 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 firmly, yet reasonably, assert your rights.  Mr. Schoen is uniquely positioned to handle the dispute in Probate court, or if necessary, formal litigation if the opponent is unreasonable. Attorneys who practice in this area of the law know, or should know, that Key Schoen will fight against unreasonable and unlawful conduct, and will make such opponents pay for it.

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 process is completed. The long-term damage inflicted by a drawn-out and embittered Probate 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 more assets than they would have if the dispute was settled 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 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 litigation and Probate law.

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

It is important for the parties involved in an estate 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

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 help. 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. Key Schoen has thoroughly studied these laws, and utilized many of them, to get great results. If you have a problem with Trust Administration, there has never been a better opportunity to get relief in Kentucky Courts. The only problem is there are not many lawyers who have true litigation experience with Trusts, much less actual experience with the 2014 statutory laws. Key Schoen does have that experience.

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 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 502-792-7921 or use the online contact form to schedule a meeting or telephone conference.