Probate and Fiduciary Litigation

Guidance • Perseverance • Resolution

Death of a loved one is never easy.

What if...

  • You have a dispute over the distribution of assets under a will because a person believes they are entitled to a share, or more significant share, of the estate?
  • Do you think a relative received property to which they were not entitled?
  • There is no will, so where do the assets go?
  • Is the trustee not providing any information to you as a beneficiary?
  • Is the beneficiary making unreasonable requests to you as trustee?

If these issues arise, not only can the probate process be disrupted and delayed, but it can end up being substantially more difficult, expensive, and time-consuming. Your case will require an attorney who not only has proven litigation skills but also knows probate and trust law.

Loveland Law Firm is extensively involved in probate, fiduciary, and guardianship litigation cases. Our cases have involved the validity of a will, interpreting a clause in a will, forcing proper accountings, requiring distributions of an estate, questioning the necessity of placing someone under guardianship or determining the best person to serve as the guardian of an incapacitated person.

Contesting a Will

One of the most common ways litigation becomes necessary is when beneficiaries, or potential beneficiaries, challenge the will's validity.

Contesting a will is wrought with emotion and family dynamics. Therefore, engaging a knowledgeable attorney with courtroom experience in handling probate matters can be your best resource for protecting your interests. Grounds to contest a will include:

  • Mental capacity at the time the will or trust was signed.
  • A beneficiary's undue influence over the decedent-whether the document reflects their wishes or if they were unduly influenced to make a will that reflects someone else's desires.
  • The decedent did not sign the will.
  • The will was not legally witnessed.

We Can Help

Suppose you believe your loved one's estate plan is not their true desires or signed under unusual circumstances. In that case, you should discuss the matter with a board-certified probate attorney who can help you plan the best strategy under the circumstances.

The attorneys at Loveland Law Firm will represent your best interests and help you determine if an estate plan should be contested or the best way to defend one when it is.

At Loveland Law Firm, we will dedicate all of our professional knowledge and skill in handling your case. Please do not hesitate to contact us if you have any questions.

Kind words from our clients...