Our probate litigators have extensive experience trying complex, hotly contested probate matters, representing clients in state and federal courts. Disputed probate matters often require creative, technical, practical solutions to resolve emotionally charged and complex legal and financial issues. Our seasoned probate litigators have the expertise, temperament, and analytical focus to approach these issues with both reason and skill. In circumstances involving the need for psychiatric treatment or hospitalization, we respond quickly and knowledgeably and are sensitive to related family issues.

We often represent persons petitioning the Probate Court to be appointed Guardian or Conservator of a family member. We insure that our client understands their fiduciary responsibilities and accounting requirements to the Probate Court in connection with their appointment.

We also recognize that mediation or other forms of negotiated resolution are frequently in our clients' best interests, and we are experienced in preparing for and participating in that process.

Our probate litigators frequently lecture at continuing legal education programs for members of the bar. We often represent attorneys when they are acting in a fiduciary capacity and in need of counsel. In addition, we regularly advise estate planners on strategies to avoid potential future probate litigation.

Frequently in probate matters it is necessary to work closely with other professionals to provide our clients with multidisciplinary services. Our attorneys have significant experience working with tax, medical, and financial professionals.

Representative Matters

• We successfully contested the appointment of a proposed guardian for a mentally ill person on the grounds that the proposed guardian was unsuitable due to a conflict of interest. On behalf of an estate, we successfully argued for the Probate Court to strike objections to a will in a multi-million dollar estate thereby allowing for the probating of the will and appointment of the named executor under the will.
  
  
• We successfully defended an estate against a claim brought by a woman claiming to be the surviving girlfriend of the decedent.
  
  
• We successfully represented a client by demonstrating that a joint bank account was intended to be a gift to our client and not a probate asset of an estate.
  
  
• We successfully represented a client in a real estate partition action causing the property to be sold at fair market value and the proceeds of sale divided favorably for our client.
  
  
• When necessary, we obtain instructions from the Probate Court as to how a fiduciary client should administer a trust or a will when the underlying instrument is ambiguous or there is uncertainty.