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Probate and Trust Litigation

Probate and Trust Disputes

The fair and proper disposition of a loved one’s legacy can ease the pain of loss. But when questions arise about the validity of testamentary documents or the management of estate or trust assets, uncertainty can arouse animosity and prevent closure. If you, as a beneficiary, suspect that a will or trust does not reflect the wishes of the deceased, you may have a right to challenge the proceedings in court. Similarly, if you believe an executor, trustee or estate administrator is mismanaging the assets of the estate or a trust, you may have standing to raise that issue and right any wrongs. On the other hand, an executor, trustee or estate administrator is entitled to a vigorous defense against false accusations of incompetence or unlawful conduct. Coy Martin Law, LC provides highly professional representation for aggrieved beneficiaries and accused fiduciaries in estate and trust disputes.

NOTABLE CASES/EXPERIENCE

In the Matter of the Estate of Donna Lorene Hebb Cross, deceased, Greenwood County, Kansas District Court Case No. 15-PR-12: Resolution of contested estate through which will claimed to have been unduly influenced by two of the heirs was invalidated, and estate property was redistributed to all heirs.

Glassco v. Moore, Gray County, Kansas District Court Case No. 15-CV-08: Contested probate and trust administration matter that also included dissolution claims of family-held limited liability companies.  Resolved through mediation resulting in the termination of trust and the redemption of LLC interests.

Adams v. Adams, et al., Meade County, Kansas District Court Case No. 16-CV-18: Represented trustee in resolving complicated trust administration dispute involving ranching business and oil and gas interests.

In the Matter of the Estate of Earl O. Field, deceased, Ellis County, Kansas District Court Case No. 13-PR-22 and Appellate Court Docket No. 16-116456, 55 Kan.App.2d 315, 414 P.3d 1217 (2018): Complicated and fact-intensive will contest involving a $20 million estate in which a
purported codicil was allegedly discovered by the decedent’s bookkeeper leaving half of the estate to her, contrary to the decedent’s intended legacy. Successfully represented university foundation at trial and on appeal demonstrating that the purported codicil was not signed by the decedent but by, or at the direction of, the bookkeeper.

Nelson v. Nelson, 288 Kan. 570, 205 P.3d 715 (2009): Represented surviving widow of decedent in defeating action brought by decedent’s adult children of a prior marriage seeking to enforce property settlement agreement against trusts established by the decedent to benefit his wife and several charities.

Rodriguez-Tocker v. Estate of Tocker, 35 Kan.App.2d 15, 129 P.3d 586 (2006): Represented surviving widow in action against trustee of a trust into which the widow’s late husband had secretly transferred over $8 million shortly before his death.  Court affirmed district court’s disqualification of trustee leading to multi-million dollar settlement in favor of widow.

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  • Wichita Office
    111 S. Whittier Street
    Wichita, Kansas 67207
    Phone: 316-689-4248