Probate Litigation Attorneys in Fishers
Offering Legal Assistance During Estate Disputes
Probate is the legal process for authenticating a deceased person’s will – if one exists – and determining the value of their estate so that debts and taxes can be paid, and the remainder of the estate can be divided according to the will.
While some probate procedures are relatively straightforward, a dispute can arise among beneficiaries or those who claim to be beneficiaries. Legal challenges during probate often require estate litigation to settle matters and move forward with the proceedings.
Probate litigation may be at risk of taking place if the following occur:
- Doubt concerning a will’s validity
- Breach of fiduciary duty
- Lawsuits concerning the diction or structure of a will
- Wills that were improperly executed
- Disagreement over guardianship of children
- Familial strife or discord (general dysfunction, sibling rivalries, divorces, etc.)
If your interests have been challenged during probate, or if you anticipate a challenge, reach out to the probate litigation attorneys in Fishers at Massillamany Jeter & Carson LLP for help. We’ll work with you to develop a personalized strategy to increase your odds of guarding your interests during probate proceedings.
Contact us online or call (317) 434-1490 to reach an attorney at Massillamany Jeter & Carson LLP who can help. We offer free consultations to help you better understand how we can assist you.
Breach of Fiduciary Duty
When someone is named as the executor of another’s estate, they retain a fiduciary duty to the estate. This means that they are responsible for acting only in the best interest of the loved one’s intentions, which are often laid out in a trust or will. Because those with a fiduciary duty assume this responsibility, they must not act inappropriately or out of accord for the parameters set by the person who named them as an executor or trustee. When this happens, a breach of fiduciary duty may have occurred.
Examples of fiduciary duty breaches that can trigger estate litigation are as follows:
- Self-dealing on behalf of the executor by altering his or her inheritance or otherwise acting out of accord with the will for self-interest.
- Improper gifts given by the executor from the estate that were not intended by the deceased. This can include gifts to other beneficiaries, those who are not beneficiaries, and organizations.
- Commingling the estate’s assets with those belonging to the executor. If the executor’s assets are mixed with the estate’s, or otherwise used as though they separately belong to the executor, the executor may be held criminally liable.
Familial Strife & Discord
If you’re undergoing probate that you fear may be complicated by strife among family members or other beneficiaries, get help from a probate litigation attorney in Fishers. We can work with you to help you protect your interests and minimize the risk that outside affairs will affect probate proceedings.
Estate litigation to resolve challenges in probate caused by ill intentions, bad blood, or past family history is unfavorable, and we will work with you to help you avoid it. If these disputes cannot be resolved without getting the court involved, we’re able and ready to represent your interests.
How an Attorney Can Help You
Probate litigation can involve complex legal matters that an experienced attorney can help you understand and navigate. It doesn’t matter if you’re initiating a challenge in probate court or responding to one – a consulting with a probate litigation attorney in Fishers to develop a personalized approach to helping you increase your odds of securing your interests.
If a matter concerning probate doesn’t seem right to you, contact a probate litigation attorney from Massillamany Jeter & Carson LLP by calling (317) 434-1490. We’ll work with you to identify steps you can take to help protect your interests.