Even the most carefully-planned will can be disputed. At Smart, Donohue & NeJame, P.C., our attorneys handle probate litigation. We represent plaintiffs and defend executors and administrators in matters involving disputes among heirs, challenges to executors and controversies about the validity of a will.
Examples of Probate Litigation
Our lawyers handle will contests involving the following:
- Disputes over the testamentary capacity of the deceased
- Claims that a later will is extant
- Claims of fraud or undue influence involving caregivers and relatives
- Technical mistakes that could invalidate a will, such as lack of signatures or unintended oversights
- Disagreements among beneficiaries over the sale of property or other matters
We also undertake legal action against executors and administrators in matters involving breach of fiduciary duty, financial mismanagement and self-dealing. This can involve failing to protect the assets of the estate properly, failing to document or account for actions taken on behalf of the estate, or conducting the business of the estate in a way that benefits the executor rather than the estate itself.
Other issues that may require the services of an experienced probate litigation lawyer include incorrect titling of the assets, guardianship disputes, and removing executors and administrators.
Why Retain a Probate Litigation Attorney?
However complex the dispute, it is important to consult an attorney with probate litigation experience. There are deadlines, forms and documentation and other procedural requirements that must be followed in order for the probate litigation process to be effective. Our lawyers have years of experience in the state’s probate courts and are available to assist.