Personal Practices

Private Client Services

Probate Litigation

Overview

Smith Haughey is recognized as a premier litigation firm - and our experienced, effective probate litigation attorneys are one reason why.

With the aging of the population and the growing prevalence of "blended" families, probate litigation has become increasingly common. A great deal of wealth is being passed from one generation to another, and fighting over an inheritance is unquestionably on the rise.

Probate litigation is a unique area of law, and probate court has its own special set of rules. In addition, mediation is becoming an increasingly popular alternative to litigation. Our attorneys are well versed in the complexities and idiosyncrasies of both options. They are also attuned to the sensitivities involved in these matters. Contested probate can tear apart families and friends, and our attorneys work hard to minimize the damage.

Because Smith Haughey is a full-service law firm, our probation litigation attorneys can also call upon the expertise of other specialists as needed - including tax attorneys, family law attorneys, estate planning attorneys, elder law attorneys, and more. This "one-stop" approach provides a more efficient, economical solution for our clients.

Experience

We represent families, heirs, fiduciaries and creditors in a wide range of probate litigation matters, including:

    Contested wills, estates and trusts
    Contested guardianship and conservatorship
    Determination of heirs and testacy
    Challenges to jointly owned properties
    Determination of spousal and family rights
    Breach of fiduciary duties
    Contested attorney and fiduciary fees
    Tax apportionment
    Objections to inventories and accounts
    Sale of estate and trust assets
    Claims for distribution
Practicing Attorneys

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