Oklahoma City, Oklahoma Estate Administration

Even in cases where a person leaves a legally valid will or trust, problems can arise during probate and after that require legal action. Additionally, some who is sick or elderly may fall under the influence of dishonest nurses, friends, or relatives. As a result, property may be illicitly deeded over to them, bank accounts cleared, or wills changed. At the law office of Donna J. Jackson, we counsel and advise clients in regard to suspicious or unscrupulous actions on the part of others that impact the lawful execution of an estate plan.

Fiduciary Responsibility and Trusts

When a trust is created, a fiduciary is assigned in order to administer the activities of a trust. While the trustee can be either a family member of a corporate trustee, both are required to file an annual report, tax return, and adhere to the duties and obligations of a fiduciary. In order to protect a trust and the person or persons for whom it was established, a fiduciary is required to observe the following:

• Must adhere to the professional standards of their occupation in providing a maximum level of protection of a beneficiary's interests.
• Must act in the best interest of the beneficiary at all times, providing information and full disclosure of their actions and decisions as a fiduciary.
• Cannot take a job or except a role that would require them to act as a dual agent or at cross purposes to the interest of a beneficiary. If a fiduciary chooses to act as a dual agent, they must first inform a beneficiary.
• When a fiduciary intends to act in a way that is contrary to the interest of a beneficiary, he or she must inform the beneficiary first and ask their permission to do so.

Contested Wills and Undue Influence

In cases where the elderly or sick have been taken advantage of, contesting a will may be necessary. If you are unsure whether you should contest a will, the following should be taken into account:

• Was the final will different from the one you last saw?
• Has there been unexplained banking activity?
• Did the decedent suffer from Alzheimer's or dementia at the time they changed their will? Is there a question of undue influence?
• In cases involving closely held businesses, is the business continuity plan sound?
• Has a non-family member been inserted into a will or granted powers of attorney?
• Did the decedent, without explanation, sign over the title to their home?

Understanding Warning Signs and a Cause for Action

If you notice anything suspicious or contrary to the information and documentation you have regarding the estate plan of a departed loved one, litigation may be necessary. At the law office of Donna J. Jackson, we can help evaluate your case and discuss the legal options available to you.