Estate and disability planning does not always ensure that the right decision makers are appointed or that a person’s assets are distributed according to their wishes. It is not unheard of for an unscrupulous person to take advantage of an elderly or disabled person through forgery, fraud, or duress, such as by convincing the vulnerable person to sign a new will, power of attorney, trust, or amendment or to give away property during their lives. In these instances and many others, probate courts have jurisdiction and may be able to resolve the problem through litigation.

Probate litigation scenarios vary widely, but common examples include:

• A will contest, in which the validity of one version of a person’s will is challenged by an heir;
• A contested proceeding to establish who the personal representative (i.e., executor or executrix) of a decedent’s estate should be;
• A petition to set aside a trust or trust amendment as unlawful, forged, signed under duress, or challenging the competence of the person to create the trust or amendment;
• A petition to establish who the financial agent or patient advocate for a vulnerable person is, if more than one person claims to be that person’s financial agent or patient advocate;
• A contested proceeding to establish or challenge a guardianship or conservatorship for an elderly person or disabled adult;
• A proceeding against a trustee who may have breached his or her duties to trust beneficiaries;
• Legal claims affecting property of a deceased person’s estate, including fraud or contract claims the deceased person would have had the right to bring against someone else during their life;
• Claims that a person wrongfully received transfer-on-death benefits that should be included in the deceased person’s estate

Any of these situations can be procedurally and legally complex. We provide consultations, advice, and representation to help you navigate these uncertain and troubled waters.

Contact us