We help clients who have a dispute involving a probate case or the transfer or loss of assets when someone dies or has diminished capacity.
When someone dies or has diminished capacity, they are not able to look after their assets. Third parties–sometimes well-meaning and sometimes not–may deal with the person’s assets in a way that is contrary to the law. This can include outright theft or acquiring property by deceit.
This can include transfers or use of property contrary to the express wishes of the decedent or the incapacitated person.
Probate litigation often involves questions as to who should be appointed as the personal representative of the estate. It may also include contests as to lifetime transfers, particularly transfers that were made when the decedent did not have legal authority or capacity to make the transfers, and transfers that only occurred due to undue influence exerted on the decedent or owner.
Whether a family finds out that a caretaker has induced the decedent to sign his or her entire estate or some part of it to themselves, an unknown mistress or child shows up for a share of the estate, or the decedent hid assets that no one else knew about–it all comes out in the probate process.
Our probate laws set out specific rules for probate disputes. These rules dictate how information can be gathered, how the filings and court process is handled, and what law the court or jury applies.
Our attorneys have experience litigating all sizes of estates and disputes–from simple hearings for removing an executor to more complex will contests.
We can handle just about every probate dispute. Breach of fiduciary duty, executor removal and appointment, will contests, fraudulent transfers and theft, and others.
Clients hire us when they have lost a loved one and there is a dispute involving the estate or probate process. We are also called on to assist with probate disputes and cases involving minor children or incompetent adults.
Please contact one of our probate attorneys if you need more information about probate disputes or if you want to see how we can help with your probate dispute.