Estate and Probate Matters

Probate litigation is the process of challenging a provision of the Last Will and Testament, a codicil to the Last Will and Testament, the appointment of the personal representative, or the entire contents of the Last Will and Testament. The facts of each dispute will define the exact cause of action that needs to be prosecuted or defended.

Probate disputes sometimes arise if you suspect that a will or execution does not reflect the wishes of the deceased, or an individual took advantage of the declining health or mental capacity of the deceased.

Our practice includes attorneys skilled in all aspects of probate litigation, including will contests, interpretation of wills and trusts, reformation of trusts, guardianships, financial conservatorships and fiduciary accountings.

Our clients include beneficiaries as well as institutional and private fiduciaries.

We represent parties petitioning the Probate Court to be appointed guardian or conservator of a family member. We make sure that our clients understand their fiduciary responsibilities and accounting requirements to the Probate Court in connection with their appointment.

Among the issues we handle are:

• Intestacy issues
• Testamentary challenges
• Trust actions
• Trust contests
• Trust reformation
• Fiduciary malfeasance/misconduct
• Fiduciary removal
• Conservatorships and guardianships
• Probate and tax appeals
• Inheritance disputes
• Contested transfers
• Creditor claims
• Claims against the executor or administrator for improper management
• Valuation and distribution of assets
• Estate administration
• Accounting actions
• Fraud and forgery
• Undue influence
• Lack of testamentary capacity