Probate & Trust Litigation
Most people create a will or trust with one goal in mind: to make the distribution of assets and all other final arrangements clear and simple for those who are left behind. Unfortunately, this does not always happen.
The list of problems that can plunge the probate process into litigation is a long one. Some of the possible problems include:
- Questions about the mental competency of the deceased at the time the will or trust was written.
- Questions about whether the deceased was unduly influenced by a potential beneficiary under the will or trust.
- Suspicions that the will or trust may be a forgery.
An example of one issue that arises frequently is that of undue influence by a potential beneficiary. Undue influence can appear in many forms, but one example might look like this:
Your elderly mother suffers from Alzheimer’s and moves into a nursing facility. Not before long, one of her caregivers becomes overly involved with her personal matters. The caregiver eventually convinces your mother to surrender control of her financial affairs and pressures her to re-write her will naming the caregiver as Personal Representative of your mother’s estate and as sole beneficiary.
Regardless of the type of question regarding a decedent’s will or trust, the probate court will be called upon to settle the conflict. When this happens, you will need the advice of attorney specifically highly skilled in every aspect of probate litigation.
Although there is no board certification for this particular area of law, it is indeed a highly technical and complex area, requiring experience and training in many areas. Your best choice is a probate litigator who not only understands laws pertaining to the Trust and Probate code, but one who is also familiar estate and gift tax, with civil procedure, and evidence.
Our seasoned staff of probate litigation attorneys will work with you to find practical and creative legal solutions to resolve the complex, often emotionally-charged issues that accompany a will or trust contest. Our vast experience in working with plaintiffs and defendants in probate matters means we recognize and understand the sensitivity of these family issues. Our passion for protecting the interests and rights of our clients means we devote our focus, extensive experience, skill, and determination to getting the most positive results possible for you.