Death And Dysfunction: Abusing Fiduciary Relationships

Conflicts involving trusts and estates are often difficult and complex, both legally and emotionally. Instead of taking the shape of typical civil litigation, the emotional and familial aspects are more like those of a divorce. These conflicts can be referred to as "fiduciary litigation," "financial elder abuse" or "will or trust contests." They typically involve a person, acting in a fiduciary capacity, taking advantage of another person through undue influence and/or exploiting their incapacity. These conflicts have multiplied in recent years. Demographics play a role, too. As the baby boom population ages and ultimately dies, and as family members are differently situated financially, opportunity for conflict over financial assets arises. Although all families can have conflict over inheritances, blended families are more prevalent today and these dynamics can lead to more disputes.