In the process of probate, a court will identify the assets of the deceased, decide on the payment of taxes and other expenses, and distribute property among the legal heirs as mentioned in the will. Though sometimes probate will proceed without complications, at other times, especially in the case of larger estates with more property or other assets, there are disagreements that turn to litigation for resolution. If you are involved in a disputed probate, we can help you handle the legal complications.
Probate litigation includes:
- Contesting documents based upon incapacity, undue influence, menace, and/or fraud of the individual signing the trust or will.
- Contesting actions of fiduciaries (trustees and executors) for breach of fiduciary duty or forcing fiduciaries to account for their actions.
- Bringing actions to recover property that belongs to a decedent or an incapacitated individual.
- Elder abuse causes of action, which can be brought in either civil or probate court.
Some probate disputes result in a will contest. These include a lack of capacity, undue influence, unequal shares, conflicts of interest, and being cut out of a will. A will contest can be emotionally stressful for all parties involved, and the probate litigation can add strain due to its complexity. Probate litigation lawyer Gloria Petroni is experienced and tenacious, and she can help you in either defense or prosecution of a contested will.
Probate disputes tend to consist of escalated emotion and animosity, and are either sparked by or result in unequal allocation of assets. It is also common for such disputes to involve parties outside the family due to unclear business succession plans. The Petroni Law Group has considerable skill in investigating undue influence, fraud and other allegations in probate litigation. We provide our clients with experienced and knowledgeable representation and counsel.
Matters of will and probate should be handled carefully in order to:
- Avoid unnecessary family disputes
- Arrive at an amicable solution for all parties
- Ensure that heirs inherit appropriately
- Safeguard the deceased individual’s assets
- Receive the maximum benefit from property
- Resolve any tax liabilities as soon as possible
A Notice of Administration is a formal document that notifies all involved persons of the death of the individual, that the will is being filed for probate, and how soon they must file objections in order to be heard in probate proceedings. When you receive a Notice of Administration, you have a limited period of time to consider probate litigation. Once this time passes, any estate disputes or disagreements are unenforceable unless the parties have entered into an official settlement agreement. You will not be able to request implementation of any unofficial, verbal promises. A probate court cannot proceed with a case if your claim surpasses the time limit imposed, no matter how valid it is. We highly recommend you seek legal counsel as soon as possible when wills and probates are involved.
Probate litigation lawyer Gloria Petroni specializes in contested wills and trusts, and promises her clients effective representation and trustworthy counsel in all matters related to probate. If you need to enforce or defend any legal claims to an estate, contact our office today at 775-420-4221 for a free initial consultation.