Many people prepare a will to designate who receives their assets after they die. Some prepare a trust to accomplish the same thing while avoiding the probate process.
But what happens when those plans do not work as intended? What if the person who made the will or trust was not completely competent at the time, or was coerced by one persuasive heir to sign a document that did not accurately reflect their actual wishes? Or, on the other hand, what if the documents accurately reflect the person’s wishes, but one disgruntled heir challenges the validity of the will or trust, arguing that he is entitled to more than his designated share for some reason?
That’s when you may need aggressive representation in probate court to ensure that the property is distributed honestly and fairly. A will contest or a challenge to a trust can be highly stressful and very complex. There may be real estate that needs to be maintained during the litigation, or other assets that must be managed while the litigation is ongoing.
Probate litigation requires a thorough understanding of the probate court rules, and of the unique nature of the probate process, something that is foreign to many attorneys. At Creighton McLean & Shea PLC, we have the expertise and experience to navigate through these intricate (and sometimes sensitive) issues to protect our clients’ rights and property.