Probate and Trust Litigation
In a perfect world, all wills would be clearly written, interpreted, and honored; all trusts would be executed as written; and beneficiaries’ rights and decedents’ desires would be understood. Regrettably, controversies do arise regarding wills and trusts. Fiduciaries may exceed their authority, fail to perform a mandated duty or self deal with the estate assets. Yet, in other cases, beneficiaries/heirs may seek a greater entitlement than delineated in a will or trust or contest the validity of the estate planning documents.
End-of-life situations are stressful for everyone involved. Divorces, remarriages, and business partnerships or other entanglements may result in sensitive situations during the process of estate administration. While planning ahead can ease some of the burdens placed on loved ones, sometimes litigation or the threat of litigation occurs during the probate process.
In handling such cases, we realize that probate litigation often can be emotionally driven. Therefore, through individual attention and a high level of service, our attorneys guide our clients through every step of the litigation process.
Will Contests
Normally an heir or loved one would never think of contesting a Will. However, in some circumstances, a Will Contest is necessary. Certainly, people need to understand that it is very difficult, in most cases, to have the Probate Court throw out a Will or invalidate a gift in a Will. However, there are cases where the Testator was unduly influenced or lacked the legal capacity to execute a testamentary instrument. In those cases, our law firm would represent an heir in contesting a Will.