Probate litigation tends to be more painful than other types of litigation, as it typically involves infighting between family members after a loved one has passed. Many cases involve matters dealing with fiduciary relationships, such as conservators, guardians, trustees, or personal representatives. Estate and Trust litigation can quickly become very expensive. A good Probate lawyer will consider the size and value of the estate or trust before suggesting a course of action.
Your Inheritance should not be completely consumed by attorney's fees and expenses!
What is Probate Litigation?
Probate litigation is the legal proceeding employed to contest a will, dispute and/or modify a trust, seek redress for a breach of fiduciary duty, partition and/or quiet title to a property. The facts of the case will define the exact cause of action (e.g., lack of mental capacity, undue influence, duress, intentional interference with an expectancy interest, and/or improper execution of a will) that needs to be petitioned or defended.
Probate Litigation vs. Other Litigation
Probate litigation is unique in many ways. Unlike most litigation, Probate trials are generally bench trials, meaning that they are decided before a judge rather than a jury. Many of the rules in Probate Court are very different than other courts. Moreover, the rules pertaining to family and estate matters are also very different. There are several important deadlines that need to be met, such as the deadline to object to a will or a petition to modify a trust. A good probate attorney will know the different rules and will ensure deadlines are met.
Why Hire The Law Offices of Sean M. Murphy, P.C.
Our attorneys have represented beneficiaries, devisees, heirs, and fiduciaries (Personal Representatives / Trustees / Conservators / Guardians) in probate and equitable matters:
- Will contests & Trust litigation
- Breach of fiduciary duty
- Contested accounting or inventories
- Trust interpretation/reformation/modification
- Declaratory judgment actions
- Petitions for instruction
- Petitions to partition
It is essential to work with a compassionate attorney who will treat each sensitive matter with the care and dedication it deserves. Our attorneys are sensitive to the emotional aspects of these cases as well as the financial burden it places on clients.
Therefore, it is imperative to hire a probate lawyer who not only understands the law and rules but also has the patience and compassion to address the personal issues. Our probate attorneys have the experience to deal with complex probate matters but will avoid unnecessary and costly litigation whenever possible.