The probate court has jurisdiction over disputes concerning Estates, Trusts, Guardianships, and Conservatorships. Trusts generally avoid probate, but any dispute over a Trust’s administration is adjudicated by the probate court, just as the court has authority over Wills.
Sometimes called a Will Contest, disputes often involve the validity of a Will or Trust, the conduct of a personal representative or trustee, or aspects of administering a decedent’s assets. Often, heirs argue over who gets what — whether that be a large sum of money or grandpa’s pocket watch.
Disputes also arise regarding the care of a living elderly relative who requires help with financial or medical decisions (i.e., Powers of Attorney, Guardianships, and Conservatorships). These often involve disagreements over medical care, use of funds, or placement in assisted living or a nursing home.
Unfortunately, families often differ on these matters. In such events, it is critical to have an experienced attorney to protect your rights and ensure that your voice is heard.
Such disputes often pit family members against each other. We recognize the sensitivity of these situations and are committed to protecting our clients’ rights and interests while considering the affected relationships. Probate litigation is a complex, specialized field, and we are exceptionally well prepared to represent clients throughout these proceedings.
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If a person becomes incapacitated without written Powers of Attorney, a court proceeding will be required to appoint someone to make financial and health care decisions. The probate judge will name
Only assets held in the decedent’s individual name are subject to probate. Property owned jointly with others typically passes directly to the surviving owners without going through probate.
If a person is incapacitated and cannot handle financial affairs, the probate court will appoint a conservator. The conservator must manage all assets and account annually to the incapacitated person
If a person becomes incapacitated and cannot make medical or treatment decisions, a court proceeding may be necessary to appoint a family member or other person to help (i.e. a “Guardian”).
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