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Probate and Fiduciary Litigation Support

The term “Probate” means the legal process by which the Will of a deceased person is proved valid or invalid.  Probate litigation can arise when a person wishes to challenge the validity of a Will.  A litigant may claim that a Will is invalid on a number of grounds.  For example, he or she may allege that the signature on the Will has been forged, that the person who signed the Will lacked capacity as required by law, or that the person who signed the Will did so under duress or undue influence

The term “fiduciary” includes a person or entity who serves as the personal representative of an estate, the trustee of a trust, or the guardian of a minor or incapacitated person.  The law places a solemn obligation on a fiduciary to carry out a number of important duties with respect to the beneficiary or ward.  Fiduciary litigation may be initiated when it is believed that a person or entity serving as a fiduciary has breached this duty.

Involvement in probate litigation or fiduciary litigation requires knowledge of the laws pertaining to probate, trusts, guardianship, and civil procedure.  The expense of litigation in both time and money must be weighed against the damages incurred. As such, it is important to seek legal counsel before bringing claims or defending against claims. 

A major focus at Capshaw Green is the research and practice of probate and trust law.  Our firm can serve as a valuable part of a litigation team by providing support for litigation and defense in matters involving probate or fiduciary issues.