Probate and Trust LitigationWhen Court is Unavoidable, We are Here to Lighten Your Burden and Fight for You
Probate and Trust ProceedingsWhen Court is Unavoidable, We are Here to Lighten Your Burden and Fight for You
Lack of planning, self-prepared estate plans, and inadequate legal advising pave the road to probate court. Probate is the process of appointing a personal representative to act with court supervision over the estate, to ensure the creditors of the estate are paid prior to the approval of the distribution of assets to the rightful beneficiaries. You can also think of probate as the lawsuit you file against yourself, and pay for with your own money, for the protection of creditors and disgruntled heirs. The process from start to finish can take anywhere between nine and eighteen months in most cases. Without the representation of an experienced attorney, your case will inevitably face frustrating delays to an already lengthy process.
At DB Squared Law we guide you through the intricate and complicated probate laws that impact your probate case, removing the confusion associated with the probate process.
The probate court has jurisdiction over decedent estates, which includes disputes that involve trust related matters. Even the most well-drafted estate plan can end up the subject of trust proceeding in the probate court. A trust related dispute may arise where there are allegations that a trustee breached his or her duties to one or more beneficiaries. Litigation is also commonly commenced in probate court based on allegations by beneficiaries or heirs that the trustor did not have the requisite capacity to execute testamentary documents or that the trustor was unduly influenced by a party whose will overcame that of the trustor. Not surprisingly, litigation in probate court is often fueled by longstanding family dynamics and unresolved issues between family members.
The attorney you choose to fight for, support and counsel you in bringing or defending a case is the most important decision you make. You deserve the attention of dedicated counsel and advice from experienced attorneys who truly care about you. DB Squared Law has a proven track record of representing trustees and beneficiaries in contested cases.
In 2019 our attorneys successfully defended against breach of trust claims by negotiating a resolution of the dispute for a fraction of plaintiff’s demand.
In 2016 our attorneys successfully challenged the validity of a beneficiary designation resulting in a favorable settlement to our client, the plaintiff.