Probate and trust litigation involves resolving disputes that arise upon the construction or administration of an estate. The skilled probate attorneys at Blackrock Legal can help you navigate these complexities. Contact us for a case evaluation.
Probate Litigation
Probate litigation involves a variety of lawsuits that may arise during the probate process of gathering and distributing a deceased person's assets. Probates are administered according to a decedent's Last Will and Testament if available, or according to state law in the absence of a will.
When a case is brought to the probate court, the assets of the deceased will be identified, taxed, and distributed among the legal heirs or beneficiaries. This process may become disrupted if disputes arise regarding the decedent's will or trust, or the absence of these legal documents. The individual disputing a probate process is typically an heir or beneficiary or had expected to be an heir or beneficiary.
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.
Why might you need a probate lawyer?
Having a solid estate plan in place can help the probate process flow smoothly, but often times disputes arise that lead to conflict. In probate litigation matters, the parties involved, including a Personal Representative, beneficiaries, family members, potential heirs, and/or previously named 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.
The attorneys at Blackrock Legal are experienced and knowleadgeable about probate and trust law, particularly the ins and out of the Nevada legal process. 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, & 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
Trust litigation differs from probate litigation in that it involves an individual's trust, which is often times
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