Disputes Over Guardianships and Trusts
From our Cincinnati and Mason, Ohio, law firm offices, the attorneys of Robbins, Kelly, Patterson & Tucker, A Legal Professional Association, represent clients throughout the Tri-State Area of Ohio, Kentucky and Indiana. Our skilled and experienced Cincinnati guardianship dispute lawyers focus on building long-term client relationships through our commitment to client service and our multi-faceted legal practice areas.
Guardianship Issues
In a guardianship, the court declares one person incapacitated — unable to handle either his or her personal needs or his or her financial responsibilities — and appoints a guardian to manage those personal needs and/or financial responsibilities. Disputes commonly arise surrounding guardianships. We represent clients regarding issues that include:
- Guardianship disputes: Especially with guardianships in the context of elder law, disputes arise as to whether a guardianship is appropriate. To establish a guardianship over someone, that person must be incapacitated. It is common for a proposed ward to fight a potential guardianship in court, claiming to not be incapacitated.
- Breach of fiduciary duty: Once a guardianship is established, the guardian has a fiduciary duty to take care of the ward's personal needs and properly manage the ward's finances.
- Misuse of ward's property: Self-dealing is one of the most common ways that guardians will take advantage of their wards. Another possible problem is abuse of the ward by the guardian.
Trust Issues
A trust is one of the most common estate planning vehicles. We represent trustees, beneficiaries and grantors. Most commonly, the disputes arise between trustee and beneficiaries. A common argument involves whether a beneficiary is entitled to certain assets in the trust. The dispute often comes down to:
- Interpretation of the language in the trust
- Whether certain real or personal property was put in the trust
- Misuse of property or self-dealing by the trustee
We offer negotiation, mediation and litigation for issues surrounding probate and estate administration.
Ohio Lawyer for Guardianship Breach of Fiduciary Duty | 513-721-3330
To schedule a consultation with an attorney from our firm, call one of our Ohio offices or contact us online.
