Estate Theft Educational Article
Estate Planning Attorney’s their Elderly Clients & IRS Circular 230.
Estate Planning Attorneys are required to follow the IRS Circular 230 regulations if they do not they can be suspended from practice. if they are exploiting, manipulating thier client or aware of others doing this or even isolating their client and substituting their intentions for the long-held intentions of tnier clients this would be an IRS circular 230 violations and should be reported to the State Bar and IRS office of professional responsibility.
The IRS circular notice is important for the fiduciaries to be aware of since it holds accountability mechanisms that are useful so the fiduciaries can have a means to stress the importance of following 1) the treasury regulations (and aforementioned & attached) and 2) that best practices are involved for those estate planners drafting the estate and implementing tax strategies.
Probate Fraud: Everything You Need to Know: https://www.klenklaw.com/practices/trust-and-estate-litigation/probate-fraud/
Probate Fraud takes place when someone submits an improper Will or false information with the intent to deceive. Knowing the proper way to respond to these fraudulent documents or claims is a skill set learned only with years of experience. Our firm is one of the very few who focus on Estate Litigation surrounding Probate Fraud. Defending The Wronged, It’s What We Do!
What is Probate Fraud Litigation?
Probate Fraud Litigation takes place when an interested party claims that there has been fraud in the probate process.
First, let me explain the Probate Process. Probate is the process whereby the State recognizes a person to manage the deceased’s estate. Wills name Executors or Personal Representatives. Otherwise, if there is no Will, the State selects an Administrator.
Probate begins when the Executor submits to the Register or Surrogate the Will and death certificate. When no Will exists, Probate begins when an interested party Petitions the Register or Surrogate. Initially, the government official examines the death certificate to verify the person is dead. She then verifies the Will’s authenticity. Or, if there is no Will, she verifies that the petitioner is a qualified Administrator. Then, if all is in order, the Executor or Administrator pays a fee and receives documentation proving that she officially represents the estate.
Proving to the Judge That Fraud took Place.
The judge can determine that Fraud took place only if he or she hears the proper evidence. You must provide the judge evidence in the form of documents and testimony. Gathering this evidence requires depositions, expert witnesses such as accountants, interrogatories, witness interviews, subpoenaed documents and evidence presented following the Rules of Evidence and subject to objections by the accused’s attorney. Our experienced Estate Litigation Attorneys will walk you through every step of this complicated journey. This is what we do.
Examples of Probate Fraud Litigation.
Probate Litigation takes place during this process if one of the following situations exist.
Will Contest: An interested person wishes to challenge the entire Will’s validity. Go to Will Contests to learn more.
Administrator Appointments: If there is no Will and the family cannot agree on who should serve as Administrator. Disputes over who serves as Administrator result in a contested hearing. An experienced Probate Litigation Attorney exposes when someone lies to the hearing officer or submits fraudulent evidence; having an experienced Probate Litigation Attorney is vital. The decision maker only allows a short time for evidence and testimony. Improper procedures and evidentiary failures may result in the wrong person gaining control over the estate.
Executor Fraud: When an interested person believes the personal representative has committed fraud or overcharged the estate. Go to Executor Fees to learn more. An experienced Probate Litigation Attorney can follow the procedures and evidentiary rules to provide the judge with the evidence and testimony to allow the judge to demand fees returned. Go to Breach of Fiduciary Duty to learn more.
Formal Accountings: When an interested person believes the Executor or Administrator has committed Fraud a Probate Attorney can obtain the right to evidentiary discovery to prove the crime. Go to Formal Accountings to learn more.
Spousal Elective Share Fraud: When someone is falsely submitting a claim for Spousal Election. See Elective Share of Spouse for more information
Guardianship Fraud: When an interested party believes that a guardian has committed fraud the Estate Litigation Attorney can gather the evidence and bring the Guardian before a judge. Go to Formal Accountings to learn more.
Trustee Removals: If a Trustee has committed fraud, an interested party can authorize an Estate Litigation Lawyer to gather the necessary evidence. If the judge finds the evidence compelling, he can remove the Trustee. See Trustee Removal to learn more.
Agent Under Power of Attorney Removals: If an Agent has committed fraud, an interested party can authorize an Estate Litigation Lawyer to gather the necessary evidence. If the judge finds the evidence compelling, he can remove the Agent. See Removal of Agents Under a Power of Attorney for more information.