Probate litigation refers to legal disputes that arise during the probate process, the legal process used to distribute a deceased person's assets. Probate disputes can involve a wide range of issues related to the decedent's estate, such as the validity of the will, interpretation of the will's terms, allegations of undue influence or fraud, claims of a personal representative's or executor's misconduct, or disagreements among beneficiaries about asset distribution.
For example, a potential beneficiary may claim that the will was signed under duress or that the decedent lacked mental capacity at the time the will was made, leading to a will contest, or beneficiaries might argue about how the executor is managing the estate, which could lead to fiduciary litigation.
Probate litigation can be complex and emotionally draining, often involving family conflicts and high financial stakes, and most often requires attorneys specializing in probate or estate law and, depending on the circumstances, may require formal proceedings in a probate court. However, due to the potential costs and delays involved, probate litigation is generally seen as a last resort, used only when disputes cannot be resolved through negotiation or mediation.
When probate litigation is necessary, our battle-tested probate litigators are committed to safeguarding the interests of our clients. They utilize their extensive legal knowledge and experience to address and resolve conflicts that may arise during the probate process.
Often, conflicts may emerge over the interpretation of a will or the distribution of assets. In such instances, our attorneys employ their deep understanding of probate law to analyze the situation and offer sound advice to our clients. They work diligently to negotiate and mediate between parties to reach a peaceful resolution, always keeping our client's interests at the forefront.
When amicable resolutions are impossible, our litigators are fully prepared to protect our client's rights and interests in court. Our litigation skills and nuanced understanding of estate law make us formidable in litigation proceedings. Our attorneys meticulously prepare for each case, compiling compelling evidence and formulating persuasive arguments to present.
Our attorneys scrutinize all claims against the estate to ensure their legitimacy. In cases of dubious claims, we actively contest them, ensuring the estate's assets are protected from fraudulent or exaggerated claims.
Our team also safeguards our clients' interests in situations involving allegations of personal representative misconduct. We guide personal representatives in their duties and responsibilities to avoid any breach of fiduciary duty and defend them robustly if allegations arise.
Our probate litigators are committed to ensuring a fair and transparent process for our clients. Whether the conflict involves asset distribution, creditor claims, or executor actions, we strive to protect our client's interests, ensuring their peace of mind during the complex probate process.