Client PortalControversies, Disputes, and Litigation in Business, Estate, Trust, and Tax Matter
Resolve Conflicts Amicably Before They Require Court Appearances
In the business, estate, or trust context, litigation can be complex and emotionally charged, often pitting family members or business partners against one another. At Thomas, Fisher & Edwards, we understand the importance of protecting the rights of a client who is the beneficiary of an estate or trust; protecting a client who is a Personal Representative or Trustee from exposure to potential fiduciary liability; and negotiating on behalf of a client who is involved in a business in order to settle business disputes and limit business risks, while also striving to minimize the potential for conflict. Our attorneys are committed to advising you of your options to avoid the costly and lengthy process of formal litigation. While our focus is on helping families and business owners reach internal agreements, we recognize that some disputes may ultimately lead to court. In such cases, our attorneys will collaborate with litigators as needed to build an appropriate team to represent you. However, we generally believe that litigation should be a last resort. Our attorneys excel in facilitating conversations, bridging gaps, and proposing creative solutions that can heal strained relationships. Our team provides the guidance and support you need to navigate these challenging situations with the goal of finding a resolution that benefits all parties involved.
Similarly, an IRS audit can be an extremely stressful experience. If you are being examined by the IRS, we can represent you and interact with them on your behalf. Our attorneys will respond to the IRS inquiries in a manner designed to dissuade the IRS agent or counsel from taking an aggressive position against you. In cases where the IRS examination is not resolved in your favor and an IRS appeal or other tax ligation becomes necessary, we will work with competent tax litigators to protect your rights as a taxpayer.
Frequently Asked Questions about Business, Estate, Trust, Tax Controversies, Disputes, and Litigation
Yes, many disputes can be resolved through negotiation, mediation, or internal agreements. Our attorneys work diligently to foster communication and propose creative solutions, aiming to settle conflicts without appearing in court.
If you believe you’re not receiving your proper inheritance or proper information or notices with respect to an estate or trust, it’s essential to consult with an attorney to understand your rights. Our attorneys can review your situation and provide guidance which may improve your situation or provide peace of mind.
Probate litigation occurs when there are disputes over the administration of an estate, such as disagreements over the interpretation of a will, distribution of assets, or the actions of the executor. It can be triggered by ambiguous terms, inaccurate asset valuations, contested wills, or family disputes.
The timeline for resolving a dispute varies depending on the complexity of the case and the willingness of the parties to negotiate. While some disputes may be settled quickly through negotiation, others may take months or years if they proceed to litigation. Our goal is to resolve matters as efficiently as possible.
Your rights in relation to your business partners and a business entity can be governed by state law or by various documents, such as an operating agreement, a partnership agreement, bylaws, a buy-sell agreement, or a stock restriction agreement. It is essential to consult with an attorney to understand your rights under one or more of these documents or the default statute provisions that may apply in case you do not have any written agreements.
Also, it is often best to “get out in front” of potential business disputes and negotiate clear, fair agreements with your business partners. Typically, it is easier to negotiate these agreements before there is substantial fighting between the owners of the business, and being proactive about having such agreements in place can limit the risk of dispute before it happens.
In tax controversies, it is imperative that you respond to IRS inquiries in a timely manner in order to preserve all possible avenues of relief. Also, to promptly resolve the matter, you will need to provide well-drafted responses that satisfy the relevant statutory and regulatory requirements in form and substance. We recommend that you employ the help of a tax attorney from the outset.
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