Probate Litigation

When a loved one passes away, emotions can run high, and questions often arise about the Will and Trust. Disagreements over issues like the validity of the Will, possible undue influence, the mental capacity of the deceased, or how assets should be divided are common. These conflicts may lead to probate litigation, where legal action is required to resolve the disputes. At Springer & Lyle, we understand the emotional weight of these situations and are here to guide you through the process step by step.

Understanding Probate Litigation

Probate litigation refers to legal disputes that occur during the probate process, which is the legal procedure for distributing a deceased person’s assets. When disagreements arise, it can complicate matters and prolong the probate process. Common issues include:

Will Contests

Sometimes, family members or beneficiaries may contest the validity of a Will. They might argue that the Will was not properly executed, or they may claim that the deceased lacked the mental capacity to create a valid Will. Our experienced legal team can help evaluate the circumstances surrounding the Will and provide guidance on the best course of action.

Creditor Disputes

When someone passes away, their debts may also need to be addressed. Creditors may come forward to claim debts owed by the deceased. These disputes can create tension among family members as they navigate the responsibility of paying off these debts. We can assist you in negotiating with creditors and determining the best way to settle these claims.

Fiduciary Breaches or Misconduct

Executors or administrators of an estate have a fiduciary duty to act in the best interests of the estate and its beneficiaries. If they fail to do so—whether through negligence, self-dealing, or other misconduct—beneficiaries may have a valid claim for breach of fiduciary duty. We can investigate the actions of the fiduciary and take appropriate legal steps if necessary.

Undue Influence or Incapacity Claims

If someone believes that the deceased was coerced into making decisions regarding their estate, they may raise claims of undue influence. Similarly, questions about the deceased’s mental capacity at the time of creating the Will can also lead to litigation. Our attorneys will work diligently to gather evidence and advocate for your rights in these complex cases.

Inheritance Rights

Inheritance rights can be a significant concern in probate litigation. When a third party interferes with a beneficiary’s right to inherit, it can lead to disputes and emotional distress among family members. If you believe your inheritance rights have been violated, our team can help you explore your legal options to protect your interests and ensure that your rights are upheld.

Fraud

Fraudulent actions may also impact the distribution of an estate. If you suspect that fraud has occurred—such as the manipulation of a Will or misrepresentation by a third party—our attorneys can help investigate the situation and take appropriate legal steps to address any wrongdoing. We are dedicated to ensuring that justice is served and that the true intentions of your loved one are honored.

Our Commitment to You

At Springer & Lyle, we strive to resolve estate issues amicably and without the need for litigation whenever possible. However, when conflicts cannot be settled through negotiation, we are committed to aggressively pursuing remedies that favorably resolve the estate. We understand that every situation is unique, and our legal team is dedicated to providing personalized attention and solutions tailored to your needs.

Contact Springer & Lyle

If you’re facing a dispute over a loved one’s estate, you don’t have to face it alone. The experienced attorneys at Springer & Lyle are ready to guide you through the complexities of probate litigation and ensure that your rights are protected. Call us today at 940-387-0404 to schedule a consultation.