Learn about the differences between these two probate classifications, and see whether the probate of your loved one may qualify for the expedited informal probate process.more...
Will Contests, Probate Administration Disputes, and Trust Litigation
I am available to represent clients in a wide variety of will contests, trust litigation, and probate disputes, including the following types of representation:
Will contests can concern the existence of a will, which will is the “valid” will, whether the testator was “of sound mind” when the will was made, or whether undue influence was exerted when the will was made.
Probate Administration Disputes
In some probate cases, those serving as personal representatives may not be properly fulfilling their roles. They may not be providing information in a timely manner to beneficiaries. They may not be properly administering assets, which may lead to decreasing asset value. They may not have the financial capability to manage the assets properly. They may even be favoring themselves to the detriment of other beneficiaries.
In these circumstances, immediate action is often required to prevent future loss. I am available to represent those who are being harmed as a result of poor or negligent probate administration.
Trustees must carefully manage trusts as fiduciaries and in accordance with the terms of the trust. This does not always occur.
Trustees may take actions that are motivated more by their personal interests and profit than for the welfare of trust beneficiaries. In some cases, they may simply not have the financial ability to manage assets properly in the first place. I additionally am available to represent beneficiaries in trust dispute matters.
Litigation Against Personal Representatives and Trustees
Serving as a personal representative in probate can sometimes be a thankless job, particularly when the beneficiaries want more than that to which they are entitled. I am available to represent personal representatives when they are sued (or threatened with a lawsuit) concerning their administrative duties, and when a beneficiary is seeking to have them replaced.
Trustees can similarly come under fire from beneficiaries, who may allege wrongful conduct and/or seek their replacement. As an example, a beneficiary may want more than what they are entitled to under a trust, so they may seek to replace a trustee with someone who may be more receptive to their interests.
Additionally, trust beneficiaries may have a significant difference of opinion concerning how trust assets should be invested. These situations can be particularly difficult in cases in which a family business may be held in a trust.
I am available to represent both personal representatives and trustees when their administration becomes subject to dispute or litigation.
If you are in need of representation for a will, probate, or trust dispute, please contact me. I offer a free initial consultation to learn about your matter, and so that you can learn how I and my firm can help.
What Our Clients Say
“Tony was highly recommended to me by another attorney for his specialty in Probate. I had quite a mess on my hands and had received legal advise prior to Tony’s that complicated my situation even more. After the initial consult with Tony I was much more comfortable with my situation. This process is not cheap and a lot of proceeds can be at stake so you will want to get it right from the start. Call him and he will answer, email and you will get a reply. Hire him and you will have closure.”
Avvo 5 Star Review – Anthony
The firm will not take any action on your behalf unless and until a written agreement for representation is signed by the firm.
Gemma Law Office News & Information
When estate planning is being undertaken at the same time that a person is separated or getting a divorce, it is critical that the person engaging in estate planning fulfill their other obligations concerning asset disclosure in connection with the divorce or separation. A person may not simply shield their assets from a divorce by creating and transferring their assets to a trust, or otherwise giving away assets.more...
If a will is not valid, a person will be deemed to have died “intestate”, and property will be distributed according to state intestate laws. Learn what you need to do to prevent this outcome.more...