Estate Litigation

Do you believe that you need advice regarding probate litigation? Has a family member initiated a will contest or other probate dispute in court and you have questions about what this means for you? You need the support of an experienced Connecticut estate litigation attorney.

An estate litigation attorney in Connecticut might represent executors, trustees, beneficiaries, families, non-profit entities, banks and trust companies and conservators, all of whom can be involved in the complex process of estate disputes. In all of these circumstances, these matters require an advocate who has substantial knowledge about wills, fiduciary responsibilities, taxes, trusts and more.

Types of Probate Litigation

Probate litigation can be filed after a loved one’s will has been submitted to court. These disputes can also come later in the process, such as when beneficiaries argue that an executor has improperly taken actions that have violated their fiduciary duty. In all of these circumstances, anyone who is a party to the estate should be prepared to consult with an experienced estate litigation lawyer in Connecticut.

Some of the most common examples of probate litigation include will contests, conservator issues, breach of fiduciary duty, actions taken by agents under power of attorney, estate tax audits, removal or surcharge of fiduciaries, issues involving charitable foundations and trusts, and challenges to fees and commissions. These are all complex issues that can require additional time and involvement by an outside attorney to help streamline the process. They also will have far reaching implications for all of the beneficiaries of an estate. It is also possible that the beneficiaries of the estate do not agree about the appropriate way to handle these disputes. Given the sensitive issues ta play here, it is important to ensure that an attorney is engaged as soon as possible. When a person contests a trust or will in Connecticut. They need a probate attorney who has vast experience to advocate for their position and explore all possible settlement options for this dispute. Probate litigation can involve numerous different parties and can involve trusts or wills. The trustee of a trust, for example, owes beneficiaries of that trust fiduciary duties of prudence, honesty and loyalty. If an agent or trustee violates those duties, a beneficiary or an individual who has signed a power of attorney could lose property.

Both trustees and estate beneficiaries can benefit from a consultation with an attorney, especially around issues like failure to make proper or timely distributions, inadequate accountings or inappropriate investments.

Will Contests

Probate litigation can also include issues such as will contests. These include when someone believes that a will submitted to court is not accurate or the most recent version of the will. Only an interested party can open this claim, but family members might not all agree that the will submitted for probate is the accurate version.

Taking the necessary steps to minimize the possibility of will contests is a common goal of most estate planners. However, this does not mean the beneficiaries lose their right to open a will contest. They may argue that the document was procured by fraud, duress, undue influence, or that the document was not properly signed to begin with.

Furthermore, your heirs might allege that a more recent version of the will was available. This will slow down the administration of probate and also require the focus of the executor to manage the legal case at hand. This can also cut down on the value of the assets inside your estate as the executor has to be prepared to go to court on these issues.

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