Estate & Guardianship Litigation

Going to court should never be your first choice

Court is the last place you want to find yourself. But sometimes it is unavoidable. Litigation is stressful and confusing.

But with the right attorney, it’s bearable.

As experienced attorneys concentrating in elder law, estate planning and issues around elder care and wills, you can count on us to provide the legal tools and options to reduce the emotional toxicity of even the most challenging cases of family strife.

We’ll protect you as we would our own family, and we’ll always be there to explain difficult legal proceedings in a way that is easier to understand.

“Thanks Ben. You and your whole staff has been nothing but supportive and helpful. Not to mention that, by winning the guardianship, the time we had with Mom, brief as it was, was the greatest blessing I could have hoped to have. I know my children feel the same way and only hope that Mom was also happy to have the company and comfort of her family once again.

Guardianship Disabled Person’s Estates

In the event that a person no longer has the capacity to make competent decisions about their finances, healthcare or daily living and they don’t already have a valid Power of Attorney for both healthcare and property, he or she may be declared legally disabled. The courts would then appoint a guardian to make decisions for that person. Of course, declaring someone disabled is only done in a court of law and requires a strong legal advocate that knows how to navigate the system.

Find out more about guardianships here. 

Probate Decedent’s Estate

The responsibility for settling the affairs of a person who dies often falls upon a family member. Since many of the estates handled in the probate courts deal with complex statutes and tax laws, it is important for you to have a trusted legal advocate on your side.

Trust Litigation-These are some common examples that require legal action:

    • You step up and take care of your parent’s affairs, but other family members don’t like what you are doing and accuse you of mishandling the estate.
    • A family member is handling your parent’s estate, and they are mismanaging it or even stealing.
    • A bank is administering a loved one’s trust, and they need to be removed because of poor decisions.

Family Fights- These are particularly nasty and all too common. Here are some examples that may lead you to court:

    • Sometimes a trust is improperly written and inappropriately includes or excludes a family member.
    • Sometimes a family member will have mom or dad change their estate plan, while they are not competent, to include or exclude someone.
    • Someone may use a Power of Attorney to improperly change the estate plan or beneficiaries in an account and effectively disinherit someone.

Routine Probate Administration – If a loved one has died with or without a will and they have assets that need the probate process to pay his debts and distribute his money and property, we can help. In situations where there are no family disagreements and estate administration is routine, we can make this process even easier – you may not even have to show up in court.

Contact an attorney about estate litigation