Probate Litigation

Overview

If your family has experienced the loss of a family member, our attorneys can assist with legal matters to save you time, while protecting you from additional stress arising from losses or missteps during the probate process.

Probate is the court process by which a will is proven valid or invalid. During this process, the court identifies the assets of the deceased (decedent) for the purposes of liquidating liabilities to pay the decedent’s debts and taxes, and distribute the decedent’s assets to the beneficiaries or heirs.

Our attorneys guide executors, administrators, guardians, trustees, and beneficiaries throughout the entire estate administration and settlement process, by:

  • Initiating Probate proceedings with the proper authority
  • Collecting the needed information to prepare income and estate tax returns
  • Advising on the accounting and tax treatment, and valuing the estate assets
  • Choosing the most beneficial tax elections, deductions and estate payment vehicles
  • Ensuring payment of claims, expenses and taxes
  • Proper disposition and distribution of the estate assets

If you have an issue with probate court over provisions in a will or trust, there is no greater comfort than knowing your interests are protected by an experienced probate litigation attorney. Smith Debnam’s probate litigation attorneys are committed to providing an unparalleled level of practical, personal, and effective legal representation. Our probate litigation team represents executors, beneficiaries, and trustees in all phases of trust and estate administration, from the initial probate of a will through the final settlement of the estate, and in all matters involving the administration of trusts.

Our Experience

Our probate litigation attorneys are experienced in prosecuting and defending lawsuits against trustees, executors, and beneficiaries, including suits alleging undue influence, breach of fiduciary by the executor or trustee, estate mismanagement or misappropriation, questionable changes to the will and in claims against the estate, including:

  • Breach of Fiduciary Duty
  • Challenge and Defend Wills
  • Contested Guardianship and Conservatorship
  • Contested Probate
  • Estate Disputes
  • Estate Litigation
  • Inheritance Disputes
  • Mismanagement of an Estate
  • Mismanagement of Investments
  • Removal of an Administrator
  • Removal of an Executor
  • Will Caveat
  • Will Disputes
  • Will Interpretation
  • Breach of Fiduciary Duty
  • Challenge and Defend Wills
  • Contested Guardianship and Conservatorship
  • Contested Probate
  • Estate Disputes
  • Estate Litigation
  • Inheritance Disputes
  • Mismanagement of an Estate
  • Mismanagement of Investments
  • Removal of an Administrator
  • Removal of an Executor
  • Will Caveat
  • Will Disputes
  • Will Interpretation
Shape919.250.2000 Shapemail@smithdebnamlaw.com noun_20940@smithdebnamlaw