Will Contests and Trust Litigation in Probate Court
Not all wills go through probate smoothly. Disappointed heirs, surviving second spouses, or creditors of family businesses might all challenge the validity or terms of the will or file a claim against the estate. Similarly, an executor or administrator might need to pursue claims against others in order to recover estate assets from individuals or trusts. Additionally, breach of fiduciary duty allegations can be raised by any interested party against an executor, administrator, trustee or guardian.
contact our law firm online an experienced probate litigation attorney at Eno Martin Donahue, LLP if you believe that your rights in a trust or estate are compromised through mismanagement or mistakes on the part of a fiduciary, or if you need to defend your own performance as an executor, administrator, guardian or trustee.
Our lawyers handle Massachusetts probate litigation involving such issues as:
- Questions as to the validity of a will due to undue influence or incompetence at the time of execution
- Disputes between an estate and its creditors
- Disagreements as to the effect of property transfers or gifts during the life of the decedent
- Questions as to title in bank or investment accounts
- Uncertainty as to title in a given asset as between a decedent's estate and a trust
- Business ownership or management succession disputes
- Guardianship disputes between family factions, between adult children and the person for whom a guardianship is proposed, or questioning the performance of an appointed guardian
- Trust administration disputes between income beneficiaries and remainder beneficiaries, or between beneficiaries and the trustee
At Eno Martin Donahue, LLP, we understand that probate litigation involves not only the determination of sharply opposed interests, but also the future health and viability of family relationships. Whenever possible, we try to resolve disputes through negotiation or mediation in order to salvage frayed family relations. When necessary, however, we have the experience and courtroom skills that can make all the difference at a hearing or trial.
Contact a Chelmsford Will Contest Lawyer
For additional information about your legal options in a probate dispute involving a will contest, a breach of fiduciary duty claim, or a contested guardianship, call 978-674-7154 or contact our law firm online.