Probate Litigation

We Help Clients With Probate Cases

Experienced & Qualified Probate Litigation Attorneys

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.

The Probate Process

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.

Types of Probate Litigation

1. Will Contests

Any person interested in a Will, whether as an heir, a creditor or otherwise, may contest the validity of a Will. This is a time-sensitive matter, as objections must be made within a proscribed period of time. The issues involved in a Will contest are often complicated, as there are many intricate facts that must be evaluated in order to determine if an estate plan was valid. Our attorneys have extensive experience and proven success in both defending and challenging Wills. Whether the issues involve questionable competency of the deceased individual who made the Will, potential errors in the execution of the Will, or allegations or undue influence, our team will guide you through this often rocky road.

2.  Trust Litigation

There are many fiduciary roles to play in the area of trusts and estates. Personal representatives, executors, trustees, trust advisors and agents must all live up to a high standard of care and act in the best interests of trust beneficiaries. Whether a dispute involves trust distributions, accounting obligations of the fiduciary, investments of trust assets or other administrative issues, our experienced team will carefully analyze your situation and provide comprehensive advice. Our firm prides itself in defending personal and professional fiduciaries alike as well as advocating for trust beneficiaries.

3.  Breach of Fiduciary Duty

Personal Representatives, Executors, Trustees, Trust Advisors Attorneys-in-Fact all have duties of care that are owed to beneficiaries or the principal of the agency relationship. Our firm has experience defending personal and professional fiduciaries alike as well as beneficiaries and principals. We have dealt with distribution problems, accounting problems, the prudent investment rule, tax apportionment clauses and other fiduciary malfeasance. Unfortunately, financial exploitation of seniors and the disabled is a problem we see far to often and takes an experienced advocate to properly address.

The Experience You Need

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.

Why Hire Us

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.

Need More Information?

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.