PROBATE AND TRUST LITIGATION

what is PROBATE AND TRUST LITIGATION?

Not only do we have countless experience in handling the probate process we are experienced in probate and trust litigation where those disputes arise. We have the knowledge and insight to guide our clients through these difficult times and counsel them on the best strategy and approach needed to resolve such a dispute where one arises as quickly and efficiently as possible. We also stand ready to represent those who have been taken advantage of by family members or other associates where undue influence, coercion, or other improper conduct has been exercised.

Probate and Trust Litigation Services

We help clients resolve matters such as:

• Will contests: where the validity of a will is objected to, where the intention of the individual who made the will was compromised as a result of undue influence or a lack of mental capacity at the time the will was made.
  
• Will and trust construction actions: where the language of a will or trust needs to be determined by a court because of the words used in a will or trust does not have a clear legal meaning.
  
• Trust actions: can involve a breach of fiduciary duty, an action to modify, interpret, or reform the language in order to accomplish the meaning and purpose of the trust.
  
• Guardianship actions: where an individual is no longer capable to handle their finances and affairs. 
  
• Breach of fiduciary duties: representatives of an estate or trust have duties that are owed and sometimes a trustee, guardian, or executor or administrator of an estate has violated these legal duties in such a way that it causes damage to the estate or trust and those who are beneficiaries.
• Creditor actions: where an individual or entity claiming to be a creditor of an estate or trust makes a claim for reimbursement it is claiming to be owed.

Trust litigation

While not part of the process administered by probate court issues within a trust may arise in the administration or its handling that can lead to a claim presented in the court. We have the knowledge and experience to represent individuals and families who have to present these claims as well as those who have been made the subject of the claim in court.

At any time, a trustee, guardian or estate may become the subject of one of these claims. Probate litigation often involves conflict amongst family members and we have experience representing families who have had to bring such an action. We can assist by representing those who have become the target of one of these disputes. We can assist in evaluating the complex legal issues and the conflicts amongst family that arise out of these disputes. 

We bring a wealth of knowledge to address and deal with any one of these disputes whether you have issues with how an estate is being administered or face one of the many above claims.

For more information on probate and trust litigation, contact our office at (330) 564-0545 to schedule a consultation.