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Estate & Probate Litigation

Estate and probate litigation are often emotionally charged and legally complex areas of law. At Abrams Counsel, we understand the sensitive nature of these disputes and are committed to providing compassionate yet assertive legal representation. Whether you are dealing with a contested will, a dispute over a trust, or conflicts among beneficiaries, our goal is to protect your interests and ensure that the wishes of the deceased are honored.

Estate and probate litigation requires a deep understanding of both probate law and the intricacies of family dynamics. Our attorneys bring extensive experience and a thoughtful approach to each case, guiding clients through the legal process with care and precision. We are dedicated to achieving resolutions that align with our clients' goals while minimizing the stress and uncertainty that often accompany these matters.

Our Estate & Probate Litigation services include comprehensive representation in disputes related to trusts, wills, and the administration of estates. Below, you will find detailed information about our key services within this practice area:

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Trust Litigation

Trust Litigation

Trusts are a critical component of many estate plans, offering a way to manage and protect assets for the benefit of loved ones. However, disputes can arise over the terms of a trust, the actions of a trustee, or the rights of beneficiaries. At Abrams Counsel, our Trust Litigation services are designed to resolve these conflicts effectively, ensuring that the trust operates as intended and that the rights of all parties are respected.

Addressing Breaches of Fiduciary Duty

Trustees have a fiduciary duty to manage the trust in the best interests of the beneficiaries. When a trustee fails to fulfill this duty—whether through mismanagement, self-dealing, or neglect—beneficiaries may have grounds to take legal action. Our attorneys are experienced in holding trustees accountable and seeking remedies for breaches of fiduciary duty. Our services include:

Investigating Trustee Conduct:

We thoroughly investigate the actions of the trustee to determine whether there has been a breach of fiduciary duty, including mismanagement of assets, failure to provide accountings, or conflicts of interest.

Seeking Remedies:

If a breach is identified, we pursue appropriate remedies, which may include removal of the trustee, recovery of misappropriated funds, or other forms of compensation.

Trustee Defense:

We also represent trustees who are wrongfully accused of breaching their fiduciary duties, providing a robust defense to protect their rights and reputation.

Resolving Beneficiary Disputes

Disputes among beneficiaries can threaten the integrity of a trust and lead to prolonged legal battles. At Abrams Counsel, we work to resolve these disputes efficiently, often through negotiation or mediation, to preserve the value of the trust and the relationships among beneficiaries. Our services include:

Mediation and Negotiation:

We encourage and facilitate mediation or negotiation to resolve disputes amicably, avoiding the need for costly and divisive litigation.

Litigation Representation:

When disputes cannot be resolved out of court, our attorneys are prepared to represent your interests in litigation, striving to achieve a fair outcome.

Advising on Beneficiary Rights:

We provide clear guidance on the rights of beneficiaries under the trust, helping you understand your legal standing and options.

Trust Modifications and Terminations

Over time, the circumstances surrounding a trust may change, making the original terms impractical or outdated. Whether you are seeking to modify the terms of a trust or terminate it altogether, Abrams Counsel provides the legal expertise needed to navigate these complex processes. Our trust modification and termination services include:

Petitioning the Court:

We assist clients in petitioning the court for modifications or terminations of trusts, whether due to changes in beneficiaries' needs, tax considerations, or other factors.

Drafting Amendments:

We draft amendments to trust documents that reflect the current intentions and circumstances of the parties involved, ensuring legal compliance.

Advising on Tax Implications:

Trust modifications or terminations can have significant tax implications. We collaborate with tax professionals to ensure that any changes are made with a full understanding of their financial impact.

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Will Contests

A will is a fundamental document in estate planning, but it can also be a source of significant conflict when its validity is challenged. Will contests can arise for various reasons, including allegations of undue influence, lack of testamentary capacity, or fraud. At Abrams Counsel, our Will Contests services are designed to provide clear, effective representation in these disputes, whether you are challenging or defending a will.

Will Contests
Challenging a Will

If you believe that a will does not accurately reflect the true intentions of the deceased, or if there are concerns about how the will was executed, you may have grounds to contest it. Our attorneys are experienced in handling will contests and will guide you through the complex legal process of challenging a will. Our services include:

Assessing Grounds for Contest:

We conduct a thorough review of the circumstances surrounding the creation of the will, assessing whether there are valid grounds for contesting it, such as undue influence, fraud, or lack of mental capacity.

Gathering Evidence:

Litigating Will Contests:

Successful will contests require compelling evidence. We gather and present the necessary documentation, witness statements, and expert testimony to support your case.

If a resolution cannot be reached through negotiation or mediation, we represent your interests in probate court, striving to achieve a favorable outcome.

Defending a Will

If you are the executor or a beneficiary of a will that is being contested, it is essential to defend the validity of the document to ensure that the deceased's wishes are honored. At Abrams Counsel, we provide robust legal representation to defend against will contests, protecting your interests and the integrity of the estate. Our services include:

Validating Testamentary Capacity:

We gather evidence to demonstrate that the deceased had the necessary mental capacity to create the will, including medical records and witness testimony.

Proving Due Execution:

We ensure that the will was properly executed according to state laws, providing evidence that all legal requirements were met.

Negotiating Settlements:

In some cases, it may be beneficial to settle a will contest out of court. We negotiate on your behalf to reach a settlement that respects the deceased’s intentions and minimizes conflict among beneficiaries.

Resolving Family Disputes

Will contests often involve deeply personal family disputes that can strain relationships and prolong the probate process. At Abrams Counsel, we take a thoughtful approach to resolving these disputes, prioritizing solutions that preserve family harmony while ensuring that the will is respected. Our services include:

Family Mediation:

We offer mediation services to help families resolve their differences without resorting to litigation, focusing on finding common ground and preserving relationships.

Estate Planning Advice:

We advise on how to avoid future will contests by ensuring that estate planning documents are clear, comprehensive, and properly executed, reducing the likelihood of disputes.

Legal Guidance for Executors

As an executor, you have a legal duty to manage the estate according to the deceased's wishes and in compliance with the law. If the will is contested, this duty becomes even more challenging. Abrams Counsel provides legal guidance to executors facing will contests, helping you navigate the complexities of probate litigation while fulfilling your responsibilities. Our executor support services include:

Advising on Legal Obligations:

We provide clear guidance on your legal obligations as an executor, helping you understand the steps you need to take to defend the will and administer the estate.

Managing Probate Proceedings:

We manage all aspects of the probate proceedings on your behalf, from filing the necessary documents to representing you in court.

Minimizing Legal Risks:

Our attorneys work to minimize your legal risks as an executor, ensuring that you fulfill your duties in a way that is legally sound and in the best interests of the estate.

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