Probate and Probate Litigation

The estate process and probate litigation can be a daunting and confusing area of the law.

Don’t face the difficulty of the loss of a loved one without the proper guidance and advice.

The Basics of Probate Litigation

Every will must go through the probate court after the testator has passed away. While this process does not usually pose problems, as the court usually validates the terms of the will and ensures they are carried out, sometimes a dispute can arise from family members or friends. These disputes affect the executor of a will, as well as those who file a claim. In either case, a competent probate litigation attorney is needed.

Such an attorney can help clients contest the validity of a will. For example, they may believe that:

• A will was written under duress.
• A will was written under diminished mental capacity.
• The wording of a will is too obscure.

Many problems could arise when a testator decides to write the will without legal assistance, or when the lawyer who prepared it was not competent for the task. Assets could also become mixed up after multiple marriages or because of dysfunctional family relationships.

Trust Modifications

While a living trust is never probated, a dispute may still arise between the trustee and the beneficiaries. The simplest case is where a trustee fails to comply with the terms of the trust. In some other cases, a trust may fulfill its purpose and be considered useless from there on, or perhaps the purpose is no longer practicable. This is where a trust modification or reformation comes in.

Another situation that might call for litigation is if you have a loved one who is no longer able to care for him or herself. A lawyer could help you file for guardianship over that person and the estate. If you want to contest another’s claim to be a guardian, a lawyer can assist in that as well.

Fasano, Ippolito, Lee & Florentine can assist executors/executrixes, fiduciaries and beneficiaries with the distribution of a decedent’s assets and the administration of their estate - whether the decedent maintained a Last Will and Testament or died intestate.

Unfortunately, plenty of probate estate matters become contested and litigious.  In turn, these matters proceed through the Probate Court and the Superior Court. Contested estate matters requires not only thorough knowledge of probate laws and procedure, but also extensive litigation experience. Our firm's attorneys meet both requirements in spades and work seamlessly together within these areas of practice for the best client representation.