Probate, Trust, and Tax Litigation

Because many of our probate litigation clients are referrals from attorneys and financial advisors, we like to work closely, if desired, with the referring professional in the probate litigation planning and decision making processes. Our goal is to get the best possible result for the client as quickly as possible. The referring attorney and/or financial advisor are often times helpful in achieving that goal.

SS+D’s aggressive trial attorneys have represented clients in hearings and trials in probate courts throughout the State of Ohio in disputes involving wills and trusts, probate fraud, abuse of powers of attorney, guardianships, creditors’ claims, and pre-death gifts. Because of our court experience, we are often able quickly to evaluate the merits of a claim and help the client determine the best approach to take.

Litigation in Probate Court can be expensive and emotionally difficult, so we will work closely with the client to create the best litigation plan possible. Because probate litigation involves families as well as personal and business relationships that may continue after the conclusion of the case, we treat all of our client matters as highly confidential and sensitive. We will consult with the client at each critical step of the decision-making process.

Probate Litigation

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.

Trust Litigation

When money is involved, disputes can arise. Our estate planning department has lawyers who can handle these disputes in a timely, cost-effective manner. The firm has represented beneficiaries, executors, and trustees in will and construction actions, will contest, and most other types of probate and trust litigation.

Tax Litigation