Probate Litigation

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Our Probate Litigation Practice Group represents heirs, trustees, executors, and fellow attorneys and financial advisors in the greater Dayton area in resolving issues relating to decedents' estates. The following are examples of the types of matters that we handle in Probate Court:

  • Heirs who are receiving conflicting or no information about what assets are in an estate or trust or have been told there is a "new" will or trust and are being ignored by the executor or attorney for the estate
  • Executors or Trustees who are being accused of mishandling an estate or a trust by a family member or friend of the decedent, are unsure of the process for distributing the assets, or are concerned that creditors of the decedent may sue and leave nothing to distribute
  • Family members or neighbors who are afraid that someone is abusing a power of attorney or is stealing from an elderly or disabled person but do not want to accuse anyone falsely, are suspicious that a will or trust is being signed as the result of undue influence or that the person is incompetent, or are concerned about the health and welfare of an elderly or disabled person

These are important matters that often require prompt action. Not only may a loved one's health and safety be at risk, but the disappearance of assets and short deadlines in Probate Court may prevent beneficiaries from being able to receive what they are entitled to or from defending themselves properly from false charges.


When immediate action is necessary, our attorneys are skilled in quickly preparing and filing emergency motions and seeking restraining orders. From defending wills and trusts to suing executors and trustees for not doing their jobs, we have the experience and the expertise to protect the client and his or her family in Probate Court.


HOW MUCH INFLUENCE IS TOO MUCH INFLUENCE?

Sadly, we have all heard or read the stories of the elderly parent or relative who, unbeknownst to family, changed his or her will or trust and left everything to the “caretaker.”  The caretaker can sometimes be a paid professional Read More…