A client confronted with a probate dispute needs a probate litigation specialist, not a general litigation attorney.
To be the best, a probate litigator must be an expert in the particular areas of law that arise in probate disputes, familiar with the special rules that govern procedure in Probate Court, and knowledgeable about estate-planning concepts and practices, as well as an excellent trial attorney. Under this standard, our firm's probate litigation subgroup is second to none.
Our clients include individual heirs and beneficiaries, charitable and nonprofit organizations with an interest in an estate or trust, both layperson and professional fiduciaries, financial institutions and estate or trust creditors. Your matter will be handled in a holistic manner, by a team of attorneys who individually possess the necessary areas of expertise and who work together to accomplish your goals.
The outcome of probate disputes often turns entirely on the facts that are uncovered in the course of the proceeding. Our attorneys are masters at factual investigation and endeavor to discover every fact that will further our client's position. When it comes to telling your story, whether in correspondence with the adverse party or in papers filed with the Probate Court, you will find that our attorneys are brilliant writers who build a compelling narrative and argument based on the factual record and the law.
Our attorneys have experience handling a variety of probate litigation matters in Probate Courts throughout the state, including the following:
A matter concerning the validity and construction of wills, codicils, trust agreements and trust amendments, involving legal theories of fraud, duress, undue influence, mistake and mental incapacity.
A matter related to a deceased individual's estate, whether testate or intestate, such as the administration, settlement or distribution of an estate; the allowance or disallowance of claims against an estate; the declaration of rights that involve an estate; the construction of a will or codicil; the determination of heirs; and the personal representative's performance of his or her fiduciary duties.
A matter related to property held in trust, such as the administration, distribution, modification, reformation or termination of a trust; the appointment or removal of a trustee; the review and allowance of a trustee's fees or accounts; the construction of a trust agreement or amendment; the determination of a question that arises in the administration or distribution of a trust; the propriety of investment decisions, including portfolio composition; the retention and sale of specific trust assets; the determination of beneficiaries; and the trustee's performance of his or her fiduciary duties.
A matter that concerns a guardianship, conservatorship or protective proceeding for a minor, incapacitated individual or mentally impaired individual.
A matter that concerns a fiduciary, such as the review and allowance of a fiduciary's fees or accounts and the fiduciary's performance of his or her fiduciary duties.
Any other type of matter involving an estate of a decedent, protected individual, ward or trust.