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ESTATES – PROBATE, ADMINISTRATION, AND LITIGATION
Probate and Administration
Probate is the process of passing the assets of a deceased person to his or her heirs through a Will. Administration is the same basic process except there is no will. We represent personal representatives and beneficiaries in the probate and administration process statewide. Our Estate services include:
- Probate filing and Administration
- Probate Litigation
- Will Contests
- Breach of Fiduciary Duty and Beneficiary Rights
- Ancillary Probate
- Elective Share
- Abuse of a Power of Attorney
- Trust Litigation
- Wrongful Death Litigation
Estate Litigation
- Contesting the authenticity of a will
- Determine the rightful executor of a will
- Litigate disputes between a will’s executor and potential beneficiaries
- Petition for removal of executor due to abuse of fiduciary responsibilities
The authenticity of a will is one of the most frequently contested matters in estate litigation. If a will cannot be proved genuine and legitimate, questions arise as to the true intent of the decedent. If a will was composed under duress, undue influence, or pressure, the court cannot rely on the document to express the true intentions of the person who has passed on. Since this person can no longer speak for him or herself, we work with families, heirs, and descendants to determine how best to serve the final wishes of the deceased.
In probate, the management of an estate, many complicated factors can arise. Beneficiaries of a will may have disputes with a will’s executor over the title ownership of real property or converted property. They may disagree over the distribution of funds from a bank account, or over the division of personal items belonging to the deceased. We can help resolve these disputes in or out of court.
It is the responsibility of a will’s executor to submit proper papers to the court, pay taxes owed, resolve debts with creditors, and distribute funds to the beneficiaries. When an executor neglects these duties, abuses his or her position, or fails to follow established law, we will represent family members and beneficiaries in litigation to remove the executor.