Dedicated Probate Litigation Attorneys Offering Complete Solutions
An established law firm offering the legal guidance you need and deserve
When a loved one passes away, family members and beneficiaries may challenge certain aspects of that person’s last will and testament. This process is known as probate litigation. These can be very difficult issues, as there’s often a lot of emotion involved on all sides. The probate attorneys at the Rathbun Law Firm, P.C. offer efficient, comprehensive solutions to these legal challenges. Our skilled litigators have served the community for more than 20 years, and we are committed to helping you and your family members resolve disputes quickly and efficiently.
Common issues in probate litigation
At its most basic level, probate litigation is the challenging of a will, which may be done on many different grounds. Beneficiaries may claim they did not receive a full inventory of the property and assets in a loved one’s estate, or there may be disagreements over conservatorships and guardianships set up in a will or trust. There may also be disputes regarding creditors and who should serve as the personal representative administering the decedent’s estate.
The following are some of the most common issues:
- Breach of fiduciary duty: If an estate administrator fails to uphold the clear guidelines in a will or other estate planning documents, that individual may have breached his or her fiduciary duty. It may be necessary for the beneficiaries to take legal action to replace the administrator.
- Lack of capacity: In some cases, the friends and family members of the deceased may argue that the individual who set up the will did not have the capacity to do so because of an illness or injury. If this was the case, a court may deem the will invalid.
- Undue influence: Another common argument is that another party had undue influence on the deceased individual before he or she died, resulting in unwanted changes to the estate plan. This may stem from the actions of friends, family members or business partners.
The best way to avoid messy probate litigation is to set up a sound will with the help of a skilled estate planning lawyer. However, if your family needs to engage in litigation to resolve a loved one’s estate, we can help you take swift action.
Consult an accomplished probate litigation attorney
If you and your loved ones are dealing with complex issues related to probate, call on the skilled litigators at the Rathbun Law Firm, P.C. We proudly serve individuals, families and businesses throughout Virginia. Get started today by calling 703.383.9580 or by contact us online.