Probate and Fiduciary Litigation


Probate and Fiduciary Litigation
Probate litigation involves legal disputes arising from the disability and death of a family member.  Some issues develop during a person’s lifetime, such as differences in opinion over guardianships and conservatorships, as well as disputes over validity or proper use of powers of attorney or health care proxies.  Probate litigation can also involve the protection of elders from financial exploitation.  Such litigation can involve the recovery of property or money from a family member or an outsider, such as a caregiver, financial planner or other persons in position of trust.  Legal disputes after a person’s death often involve challenges to wills, trusts, estates, asset disputes, joint bank accounts, and lifetime gifts.  We aggressively represent clients in cases involving:

  • Will contests
  • Trust contests
  • Beneficiary claims
  • Breach of a fiduciary duty
  • Estate mismanagement
  • Trust misappropriation and mismanagement
  • Removal actions against personal representatives or trustees
  • Family disputes
  • Elder financial abuse
  • Validity of wills based on fraud, duress, undue influence, coercion, lack of capacity, proper will execution, and testamentary intent
  • Validity of trusts with allegations of fraud, duress, undue influence, coercion, lack of capacity, proper trust formation, and  diverting from the grantor’s intent
  • Trustees’ and executors’ accounts
  • Complaint for Instructions
  • Declaratory Judgments
  • Trust Reformations
  • Petitions to Partition
Preparation and experience are essential when you need to go to Court, and our attorneys will be able to assist you.