When probate litigation is necessary, the attorneys at Legacy Estate Planning & Elder Law can help protect your interests and guide you through the complicated process with expertise and compassion.
The probate court handles legal disputes regarding the validity of estate planning documents, administration of estates and claims against estates. Learn more about our most common cases below.
Will and Trust Contests
When a party does not agree with the terms of a will or trust, they may try to contest it, making allegations such as coercion or incapacity. Whether you are contesting the validity of a person’s will or trust or are defending it, our experienced attorneys can help you with a variety of instances regarding will and trust cases.
Undue Influence and Duress
Unlike duress, which involves direct threats, undue influence is when a party dominates another party by putting excessive pressure on them. This is seen in exploited relationships where one party is in a higher position than another party.
Capacity
Capacity is often called into question when a party does not agree with certain rules or documents put in place. This is to make sure the individual in question was of sound mind when establishing their will or trust. This allegation is seen in various cases, especially where individuals are left out of wills or estate plans.
Construction, Reformation, Termination
Whether you need help constructing a document, terminating a conservatorship or require a reformation on your trust or will, our attorneys can help you throughout the entire process. These services are often required when a big life change occurs, such as a new addition to your family or even when it’s been a while since you’ve updated your documents.
Nonjudicial Settlement Agreements
Nonjudicial settlement agreements are reached when parties wish to avoid probate. During this time, contracts and agreements are reached between the parties without the need of court.
Other Probate Litigation
There are several other instances where seeking a professional litigation attorney could help you. Learn about two of our most common instances below.
Breach of Trust
When an individual creates a trust, there are often rules or guidelines the receiving parties must follow. A breach of trust occurs when a party breaks the trust rules or even takes advantage of a shared property.
Breach of Fiduciary Duty
Unlike a conservator, who deals with financial aspects primarily, a fiduciary is responsible for acting out the needs of an individual. Fiduciary duty is breached when the fiduciary acts in their best interest, instead of the best interest of the individual.
For more information about probate litigation from the attorneys at Legacy Estate Planning & Elder Law, please contact us here or call us directly at 616.560.3843.
