Will Contests & Probate Litigation
Ensure that your rights are protected with assistance from our experienced team.
Even though managing an estate or trust is a big responsibility, we don’t think it has to be hard, time-consuming, or expensive. Finding the most cost-effective way to meet your family’s needs is a top priority for us. This includes protecting the assets of an estate or trust. We likewise need to ensure you comprehend the legitimate interaction you’re a piece of, and we carve out an opportunity to make sense of the motivation behind each step and your choices at each crossroads.
For more than 15 years, our attorneys have assisted clients with trust and probate administrations. We have handled estate disputes involving substantial assets to straightforward uncontested proceedings. No matter where you are in the process, we can assist you in winning your case.
We try to make estate and trust administration as easy as possible because we know how overwhelming it can sometimes be. In addition to the legal aspects of your responsibilities, we take into account your needs and can connect you with reputable experts in any field.
Will and Trust Contests
A will or trust can be contested on a few different grounds. It is certainly possible to contest a will/trust successfully, but significant evidence is required, and the burden of proof is on the contester. If you are considering contesting a will/trust, consider discussing your argument and your proof with an attorney. Some of the possible grounds for contesting a will/trust include the following:
- Lack of capacity: proving that the testator/grantor did not have the necessary mental capacity to sign the will/trust.
- Undue influence: proving that another individual, usually someone in a position of trust or power (such as a caretaker), coerced, manipulated or pressured the testator/grantor into making or changing the will/trust against their wishes.
- Revocation: proving that the testator/grantor revoked the will/trust being presented as valid.
- Fraud: proving that the will was created or altered by someone other than the testator/grantor against the testator’s/grantor’s wishes.
Removal of Executor/Personal Representative or Trustee
Try to verify your suspicions if you think a trustee or personal representative is acting in bad faith or with carelessness. You can ask the personal representative or trustee to provide documentation, such as an interim accounting or an inventory of the estate’s assets. These documents should provide specific details about the financial dealings of the personal representative if they are provided. You have the option of requesting additional documentation if the documents appear questionable.
You can, for instance, request documentation regarding a sale if, despite what the accounting indicates, you believe the item was sold at a higher price. By taking this step, you can find evidence of a personal representative’s or trustee’s bad behavior and clear up any potential misunderstandings.
A petition for removal must be filed with the court in order to remove a personal representative or trustee, and a court hearing will almost certainly be required before the court can decide whether removal is necessary.
Other Probate Litigation
- Disputes regarding estate distributions, including alleged common law marriages
- Collections actions against an estate (including litigation if necessary)
- Collection and litigation actions on behalf of an estate
- Negotiation and/or litigation regarding disputes related to the trust
- Fraudulent transfers of assets
- Personal Representative or Trustee negligence or intentional wrongdoing