Contested probate, trust disputes, fiduciary accountings, will contests, and guardianship and conservatorship proceedings — the litigation side of estate matters, where family dynamics meet probate law.
Probate litigation is, in one sense, an extension of family law: the same families, the same long-standing dynamics, now unfolding under the Estates and Protected Individuals Code (EPIC) rather than the divorce statute. The firm has decades of experience in the probate courts of Wayne, Oakland, and surrounding counties and handles contested estate and trust matters regularly.
The firm represents heirs and beneficiaries in will contests brought on grounds of lack of testamentary capacity, undue influence, fraud, and improper execution. Representation includes petitioning for formal proceedings, challenging or defending appointments of personal representatives, contesting claims against estates, and appeals from probate court orders. The work often requires forensic attention to the decedent’s medical records, financial history, and the circumstances surrounding the execution of the contested instrument.
Trust litigation arises in a predictable set of circumstances: a trustee who will not communicate with beneficiaries, assets that appear to have been misapplied, a distribution scheme the beneficiaries believe is inconsistent with the settlor’s intent. The firm has litigated contested trust and estate claims on behalf of heirs and beneficiaries, resulting in court-ordered fiduciary accountings and financial recovery for the beneficiaries.
Guardianship and conservatorship proceedings are often filed in circumstances that would be difficult under the best conditions and are rarely operating under the best conditions. The firm represents petitioners, respondents, and family members in contested guardianship and conservatorship matters — including cases involving allegations of elder abuse, undue influence, and contested mental capacity. The firm has won guardianship and conservatorship over mentally ill adult parents in highly contested family proceedings, and obtained full guardianship of minor children for grandparents in complex neglect and abandonment cases.
The firm also represents fiduciaries — personal representatives, trustees, guardians, and conservators — in the administration of their duties. This work includes preparing and defending annual accountings, obtaining court approval of significant decisions, and defending fiduciaries against claims brought by beneficiaries or other interested parties.
The probate docket is where inheritance law meets family history. The pleadings read in one way; the witnesses know they read another.
The firm handles new matters on a consultative basis. Call the office, or reach us through the contact form on our main page.