Fiduciary Oversight: Beyond Formal Litigation
While many people associate probate Court only with filing a lawsuit to "contest a will" the reality of protecting your family's future often involves much more…and it doesn't always require filing a lawsuit or going to Court. At Braden Blumenstiel Legal Advocates Group, LLC, we specialize in Righting Wrongs and Protecting Futures by ensuring that executors, trustees, and agents act with the honesty and transparency the law requires.
If you suspect mismanagement, lack of transparency, or outright abuse of authority, our firm provides the aggressive advocacy needed to hold fiduciaries accountable.
FREE CONSULTATION
Call today at 614-508-1677 or 1-888-343-9796 to set up a consultation and discuss your case.
Ensuring Accurate Estate Accounting
When a loved one passes away, the person in charge of their estate (the executor or administrator) has a legal obligation to provide a clear and accurate accounting of all assets, income, and expenses.
Unfortunately, accountings are sometimes incomplete, confusing, or deliberately misleading. We help beneficiaries:
● Audit Estate Records: We scrutinize financial statements to ensure every penny is accounted for.
● Compel Accountings: If a fiduciary refuses to provide information, we use the power of the Court to force transparency.
● Challenge Improper Expenses: We fight back against unauthorized fees, unexplained "administrative costs," or the commingling of personal and estate funds.
Holding Trustees Accountable
Trustees are held to the highest legal standard—the fiduciary duty. When a trustee fails to follow the terms of the trust or prioritizes their own interests over the beneficiaries, we step in to protect your inheritance.
Our advocacy includes:
● Challenging Trustee Mismanagement: Whether it's poor investment choices or a failure to make required distributions, we hold trustees to their responsibilities.
● Addressing Self-Dealing: If a trustee is using trust assets for their own benefit or selling assets to themselves at a discount, we take immediate legal action.
● Removal of Trustees: In cases of persistent incompetence or bad faith, we petition the Court to remove the trustee and appoint a successor who will act in your best interest.
Correcting Power of Attorney Abuse
A Power of Attorney (POA) is a powerful tool intended to help the vulnerable, but it is frequently used as a weapon for financial exploitation. Abuse of POA often happens "in the shadows" before a loved one has even passed.
If you suspect someone is abusing his/her Power of Attorney, we can help in the following ways…even without filing a lawsuit:
● Unauthorized Gifts or Transfers: We can help by contacting the POA and challenging any "gifts" the agent made to themselves or others without the principal's consent.
● Financial Exploitation: Investigating suspicious bank withdrawals, changes to beneficiary designations, or the "sale" of property at below-market value.
● Recovery of Assets: We work to void fraudulent transactions and return stolen assets to the rightful estate or individual.
Often, just the threat of litigation can get the Power of Attorney to correct any wrongdoing without even having to file a lawsuit. If, however, the Power of Attorney fails to abide by his/her fiduciary obligations, we are fully prepared to file motions and/or lawsuits in Court to revoke the POA and take any other necessary action to ensure the abuse of POA ends and all wrongdoing is corrected.
Guardianship & Other Probate Matters
In addition to financial oversight, we represent individuals in contested guardianship proceedings, ensuring that the rights and dignity of the elderly or incapacitated are protected from those who might seek control for the wrong reasons.
Probate Court is designed to ensure justice for those who can no longer speak for themselves and the families who love them. If you feel that a fiduciary is failing in their duty, don't wait until the assets are gone.
Contact Braden Blumenstiel Legal Advocates Group today for a consultation today at 614-508-1677 or 1-888-343-9796.
Righting Wrongs and Protecting Futures
