PROBATE AND TRUST LITIGATION

PROBATE LITIGATION
TRUST LITIGATION

Probate Litigation

 

Probate litigation involves a variety of lawsuits that may arise during the probate process of gather and distributing a deceased person's assets. For example, you may need to bring or respond to an action to invalidate or revoke a will based upon the assertion that the decedent lacked the mental capacity required to sign and create a valid Last Will and Testament. Perhaps an individual exerted undue influence over the decedent to cause that person to sign a Last Will and Testament. Or perhaps there was a mistake in execution with the Last Will and Testament and it should not be upheld as a valid Will.

 

In addition to the aforementioned actions, a variety of issues can arise that justify the filing of a lawsuit to recover estate assets or to change the testamentary disposition of the decedent. These may involve the misuse and abuse of power of attorney, the fraudulent procurement of lifetime transfers of property, the breach of a close and confidential relationship by an attorney or other fiduciary, or allegations of elder abuse.

 

In probate litigation matters, the parties involved, including a Personal Representative, beneficiaries, family members, potential heirs, and/or previously names heirs, can find themselves in hotly contested and complex litigation. In these instances, the parties involved will gain invaluable assistance when retaining an attorney with a wealth of knowledge of complex issues and significant courtroom experience.

 

Our attorneys are prepared and willing to facilitate with the following:
 

// Will Contests

// Claims of Lack of Capacity

// Claims of Undue Influence

// Elective Share Issues

// Tax Apportionment Issues

// Claims of Forgery

// Actions by and Against Personal Representatives of Estated for Breach of Fiduciary Duty, Removal, and Surcharge

// Contested Appointments of Personal Representatives of Estates

// Objections to, and Defense of, Probate Accountings

// Petitions to Determine Entitlement to Estate Distributions

// Petitions to Determine Heirs

// Actions Involving Creditor Claims

// Actions Concerning Elder Abuse

// Actions Concerning the Abuse and Misuse of Powers of Attorney

// Actions to Recover Property on Behalf of an Estate taken from the Elderly and Infirm

 

Trust Litigation

Our attorneys are prepared and willing to facilitate with the following:

// Trust Contests

// Claims of Lack of Capacity

// Claims of Undue Influence

// Claims of Mistaken in Execution

// Elective Share Issues

// Tax Appointment Issues

// Claims of Forgery

// Actions By and Against Trustees for Breach of Fiduciary Duty, Removal, and Surcharge

// Objections to, and Defense of, Trust Accounting

// Petitions to Determine Entitlement to Trust Distributions

// Actions to Recover Property on Behalf of a Trust Taken in Violation of the Terms of the Trust