The death of a family member or other loved one is a traumatic event.  It is made more difficult by the inability of those left behind to agree on the distribution of an estate.  The decedent’s family, friends, life partners, business associates and others who had relations
may each have an interest in the appointment of an estate representative, and in the distribution of the
estate property.

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Whether property should be included in an estate, or was properly transferred prior to death, whether a valid will exists to direct the distribution of estate property, and who should perform the distribution, are subjects that frequently give rise to disagreement and legal disputes between family members, friends and other interested parties.  These disputes must sometimes be resolved in the Probate Court.

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If the deceased person left a last will, that document must be presented to the court, and the terms of the will must be reviewed.  Challenges can be made to the validity of a will, based upon the claim that undue influence was exerted by someone in the making of the will, or that the deceased person lacked mental competence at the time the will was made.  Sometimes a will is challenged on the ground that a later will exists, or that the will is not a genuine document that was properly signed and witnessed.

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If the deceased person died intestate (meaning that they did not leave a will) the lawful beneficiaries must be identified, and property of the estate must be secured.  The entitlement of family members to a share of the estate property, and the amount of that share, is sometimes in dispute.  The appointment of a personal representative with responsibility to administer the estate is sometimes a matter of dispute.

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We have won cases in Probate Court involving wills and intestacy, including:

• Undue influence

• Lack of testamentary capacity

• Improper will execution

• Forgery and lack of authenticity

• Interference with expected inheritances

• Omitted heirs and spousal shares

• Suitability of nominated and appointed representatives

• Petitions for administration and removal

• Presentations of accounts, inventories and compromises