Ellen B. Scult’s practice is concentrated in the area of probate litigation including guardianship and conservatorship proceedings, both disputed and undisputed; contests concerning the validity of wills and trusts; and litigation to prevent or undo financial abuse.
- Guardianships and Conservatorships
When an individual becomes incapable of making decisions required for his or her health, safety or financial wellbeing, a guardianship or conservatorship may be necessary to insure that a trustworthy individual is appointed to make those necessary decisions on behalf of the incapacitated individual. Guardianships may be appropriate for elders and for individuals with developmental and mental disabilities. Attorney Scult has extensive experience working with families to insure that their loved ones are safe, both physically and financially. At times there are disputes among the family as to whether a guardian or conservator is needed or as to what special authorities are appropriate including whether antipsychotic medication or nursing home placement should be considered. Ellen Scult works with families to limit and tailor the guardianship or conservatorship to meet the needs of the incapacitated party. Sometimes, even if there is agreement regarding the incapacitated party’s needs, there is a dispute as who is the most appropriate person to be appointed. In all these situations Attorney Scult brings a focus on resolving the issues through negotiation but also a willingness and the ability to pursue all required avenues through the courts.
- Will and Trust Contests
Ellen Scult has experience both challenging and defending wills, trusts, and estate plans. When a will is filed for probate it can be challenged on several basis, namely: that it was not executed according to legal requirements; that the decedent was not competent to execute the will; that he or she signed the will because of fraud or undue influence; or that the decedent did not understand the significance of the document being signed. Disputes may also arise relating to the execution, interpretation, distributions, or actions of trustees of trust documents. Beneficiaries may have claims against trustees for accountings, distributions, and breach of fiduciary duties and removal.
- Financial Elder Abuse
Cases of financial abuse are increasing because of the present difficult economic conditions. Instances of financial abuse often arise when a family member, friend or caretaker unduly influences an elder who is trusting and sometimes dependent on that person, to transfer assets to him or her. This is often to the detriment of other family members or in a manner that is not consistent with the elder’s prior wishes. Financial abuse can also take the form of inappropriate use of a durable power of attorney or as trustee of a trust. Steps can be taken to unwind certain transactions and to protect the elder against further abuse. If the elder is no longer alive when the financial abuse is discovered, litigation will often take the form of a will contest to undo or compromise a will that was obtained through undue influence or litigation over a breach of fiduciary duty brought by the individual’s estate as described above.