Indianapolis Probate Litigation Lawyer
Resolving Indiana Probate Litigation Matters
Before heirs and beneficiaries can receive their share of an estate, it must be probated, which means the will must be submitted to court and run through a legal process which ensures that debts and taxes of the estate are paid before the heirs receive their share. Usually, the process is an administrative one and consists of gathering and inventorying assets, notifying creditors, paying claims, etc. However, any number of disputes may arise during this process, and some of them may require litigation to resolve. The probate lawyers at the Indianapolis law firm of Lee Cossell & Feagley, LLP are experienced civil litigators who are well-versed in Indiana probate law and are prepared to represent their clients’ interests in court when necessary to ensure that probate is properly administered.
Our probate litigation lawyers handle the full range of disputes which may arise in connection with the probate of an estate, including:
- Will contests
- Challenges to the validity of a trust
- Claims of breach of fiduciary duty
- Disputes regarding the accounting of the estate
- Disputes regarding the management of the estate
- Inter-family disputes
Effective Representation in Complex Indiana Probate Matters
Probate disputes can be very difficult to prove and equally challenging to defend against. For instance:
- A family member or caregiver may have become very close to the testator in his or her final years and served as the primary caretaker. If this person is then revealed to be the major heir, does this mean the testator was rewarding the person for an extraordinary level of service, or that the caregiver exerted undue influence and pressure on the testator when he or she was of limited capacity?
- The testator remarried late in life and executed a new will which leaves the bulk of the estate to the new spouse at the expense of the grown children from the previous marriage. Is the new spouse guilty of undue influence or duress?
- The personal representative of the estate, who is also an heir, makes decisions regarding the disposition of property which benefits the representative in the status of heir. If this disposition increased the overall value of the estate, was the representative exercising the fiduciary duty of good judgment or violating the fiduciary duty against self-dealing and conflicts of interest?
Experienced civil litigators for any dispute which may arise
If litigation is necessary to resolve a dispute regarding the probate of an estate, you can trust the experienced probate litigation lawyers at Lee Cossell & Feagley, LLP to provide sound professional advice and effective advocacy. For help with your probate matter, call us at 317-631-5151 in Indiana or 708-365-4459 in Illinois, or contact us online.