Problems We Solve
Trust Litigation, Probate Litigation and Probate

Trust Litigation 

Trust Litigation arises when there is a legal dispute over a Trust document between Beneficiaries or Trustees. It can cause financial problems and domestic problems. Trust litigation usually begins for one or more of the following reasons:

  • To compel the trustee to provide a copy of the trust
  • To obtain financial information from the trustee
  • To have the court instruct the trustee to perform a specific act
  • To have the court order the trustee to account
  • To reclaim property that rightfully belongs to the trust
  • To suspend the trustee’s powers
  • To remove the trustee
  • For damages against the trustee
  • To appoint a temporary trustee
  • To select a successor trustee

Probate Litigation 

A probate litigation lawsuit seeks an heir or beneficiary’s rightful inheritance. Probate litigation is a lawsuit filed by a beneficiary against an executor, administrator, or third party. Here are some examples of when to start Probate Litigation:

  • To contest the appointment of a particular person as administrator
  • To have the court order the executor or administrator to perform a specific act
  • To have the court instruct the executor or administrator to account
  • Two reclaim property that rightfully belongs to the probate estate
  • To suspend the executor or administrator’s powers
  • To remove the executor or administrator
  • For damages against the executor or administrator
  • To appoint a successor executor or administrator

Probate

Probate is the court-supervised process of gathering, managing, and distributing the assets of a deceased person to the people who are supposed to inherit them. Probate is necessary when the property cannot be transferred from the departed person to a living person since the title is in the deceased person’s name. To open probate you, or your attorney, must file the following documents with the probate court:

  • Petition for Probate
  • Duties and Liabilities of Personal Representative 
  • Confidential Supplement to Duties and Liabilities of Personal Representative
  • Order for Probate
  • Letters Testamentary or Letters of Administration