Involved In An Estate Dispute? Work With Our Experienced Probate Litigation Attorneys.
Even when things go smoothly, it is difficult to go through the process of settling a loved one’s estate while also grieving the loss of that person. It becomes considerably more difficult when there are uncertainties regarding estate assets or disputes among named heirs and beneficiaries. If these problems are not resolved quickly, they can result in drawn-out litigation that threatens the very estate assets in dispute.
At Farese, Farese, & Farese, P.A., we understand both the legal and personal issues involved in litigated probate disputes, and our goal is to help you find an efficient and decisive resolution that protects your interests and honors the wishes of your deceased loved one. Our firm has been serving clients in North Mississippi and West Tennessee for decades, and our attorneys have cultivated a reputation for exceptional courtroom skill and dedicated client service.
Common Issues Raised In Probate Litigation
Much of the time, probate disputes are focused on estate planning documents like a last will and testament or estate planning instruments like a trust. Litigation can be used to resolve a disagreement between parties, to clarify provisions in documents or hold parties accountable for alleged wrongdoing.
Our attorneys are ready to represent you in the following matters:
Will contests – One party alleges that the will is partially or entirely invalid, usually because of the circumstances under which it was created. Did someone unduly influence the will’s creator? Was the will’s creator of sound mind when the document was written? Do newer versions of the will exist that differ from the one in question?
Litigation related to the construction of wills and trusts – It is critical for estate planning documents and legal instruments to be clear, thorough and unambiguous. When sentences can be interpreted in more than one way or are otherwise unclear, it may be necessary to petition the court to determine an official meaning or interpretation.
Allegations of breach of fiduciary duty – Anyone who serves as a trustee, estate executor or guardian owes a fiduciary duty to the estate and all interested parties, the details of which vary by role. When someone in such a position abuses their authority or negligently mismanages their responsibilities, other heirs and beneficiaries who have been financially harmed can sue for alleged breach of fiduciary duty.
Making major changes to a trust or trustees – If a trust becomes or has always been irrevocable, it can be difficult or impossible to implement changes without court intervention. Our attorneys can help you petition the court to dissolve the trust, remove a trustee or make other substantial changes.
Our firm can represent you as either plaintiff or defendant in these matters. In either case, we want to help you seek an effective and efficient resolution to the dispute.
Discuss Your Legal Options With An Attorney For Free
Farese, Farese, & Farese has offices in both Ashland and Oxford, Mississippi. In addition to serving North Mississippi, we also represent clients in West Tennessee. To take advantage of a free initial consultation about your probate dispute, you can contact us online or call 662-736-1292.