Litigating Complex Probate Disputes
Due to the complexity of probate litigation, it is critical to have an experienced probate attorney on your side as soon as possible. The attorneys at Chan Law Firm have more than 25 combined years of experience in this area of law. We represent petitioners (plaintiffs) and respondents (defendants) in probate matters.
Will disputes often occur when an heir or beneficiary of a previous will believes the will being offered for probate is invalid. While this can happen in any family, it is especially common in blended families. All heirs in the State of Georgia receive notice of a Petition to Probate that is filed. Once served, the heirs have a specific time period, as set out by statute, to object to the probate of the will.
Often will contests are based on grounds of fraud, undue influence, improper execution or the existence of a later will. At Chan Law Firm, we can represent you and help protect your rights if you are involved in a dispute over a last will and testament, and we can provide guidance if you are contemplating challenging a will.
Estate And Trust Litigation
Litigation involving estate and trusts often begins when beneficiaries or heirs believe that the assets in an estate or trust are mismanaged or mishandled by the personal representative or the trustee. The heir or beneficiary can petition the court to have the trustee or personal representative give an accounting of the actions taken in the estate or trust. Once the information is brought forward by the personal representative or trustee, the court uses the information to judge whether there has been a breach of fiduciary duty or mismanagement of the estate or trust.
If the personal representative or trustee has mismanaged the estate or trust, the heirs or beneficiaries can petition the court for the removal of that person as the personal representative or trustee. Chan Law Firm represents both plaintiffs and defendants involved in estate and trust disputes. If you are involved in a current estate or trust dispute or if you have a complex case pending in probate court, call us to learn how we can use our knowledge and experience to advocate for you and help you resolve your dispute.
Accounting and returns are often the subject of dispute. If you have questions regarding accounting and returns or other fiduciary duties, our attorneys can help.