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Probate Litigation

The loss of a loved one is unavoidably a stressful and emotional event, and that stress and emotion is compounded when disputes arise in the handling of the loved one’s property. Even if the decedent had the foresight to prepare a will or trust, that doesn’t necessarily mean their estate will be administered smoothly and in full compliance with their last wishes.

In most will contests, the attorney who assisted the decedent with their estate planning becomes a witness, who will likely be called upon to testify to the mental capacity of the decedent at the time the will or trust was made, and whether the estate plan accurately reflects the wishes expressed by the decedent. This often precludes the estate planning attorney from actively representing any of the parties to a will contest in their individual capacity.

Doran, Beam & Farrell has experience representing parties on all sides of probate litigation – whether it’s representing an aggrieved beneficiary who is challenging the validity of a will or trust, defending an estate from attack by an outsider who attempts to nullify the decedent’s estate plan, or any number of other disagreements over a decedent’s property.

 

We Have Represented Clients In Cases Involving:

  • Claims of undue influence or duress in preparing an estate plan
  • Claims of lack of mental capacity to make a will or trust
  • Validity or invalidity of the will or trust
  • Breach of fiduciary duty by the personal representative
  • Preservation and protection of estate assets
  • Improper conduct of a beneficiary which harms or jeopardizes the estate
  • Appropriate distribution of an estate where there is no will, or where identification of proper beneficiaries and determination of their rights is in dispute.
  • Depending on the circumstances, we have a variety of fee options available for these services, with the goal of providing prompt and cost-effective ways to address your concerns.

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