Foley Alabama Attorneys
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Gulf Coast 251.948.2168

Common Probate Disputes and How to Resolve Them

How Southern Estate Lawyers Handle Probate and Trust Disputes

Many times disputes arise among heirs and beneficiaries during the probate process. Because these matters often involve disagreements between family members, they require a delicate touch. It is important to thread the needle of providing strong advocacy for our clients while also guarding against long term hard feelings among family members.

Probate means proving a will in court, but in the colloquial sense, probate encompasses estate administration cases where there is no will as well. Both situations have the potential for contests. Some common areas of dispute include:

  • Disagreements over whom the Administrator should be (where there is no will)
  • Will interpretation issues
  • Disputes as to the validity of the will
  • Disputes regarding the liquidation of property and distribution
  • Creditor claims
  • Fraud or waste claims against the Executor
  • Spousal and family rights and exemptions
  • Breach of Fiduciary duty
  • Undue Influence and Incapacity claims

Many of the above issues are complicated and each estate is unique. Once an executor is appointed, they have a duty to administer the estate in a fair and equitable manner in accordance with state law.  Usually the executor is also a beneficiary of the estate so this inherent conflict can sometimes lead to unscrupulous decisions. We also understand that you may live out of state and find it difficult to readily observe or monitor the actions of the executor. Our probate lawyers have represented dozens of out of state residents in probate litigation matters and will vigorously prosecute or defend your interests no matter where you live.

Similar issues arise in non-probate cases involving trusts. Trusts are arrangements that provide for the distribution of property through a Trustee. Trustees are fiduciaries which means that they are under a duty to manage the assets under their control for the benefit of those named as beneficiaries in the Trust and not for themselves. Trust beneficiaries can bring claims against Trustees in state courts for breach of fiduciary duty and a myriad of other actions that where taken for improper purposes.

Our objective is to resolve probate disputes in the most efficient manner possible. This means that we resolve most of these cases outside of court. Our attorneys at Southern Estate Lawyers are also fierce advocates that will pursue remedies through litigation if necessary. To discuss your probate case contact us. We are available by phone, email, or through our website contact form.

GETTING HELP

Our estate planning and litigation attorneys are some of the most active litigation practitioners in Alabama. Our lawyers have had enormous success in both probate and circuit courts. To schedule a free consultation with our experienced Alabama estate planning attorneys, please contact us.

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