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.
Legal Grounds For Challenging A Will In Mississippi
Mississippi law allows a will to be challenged for several reasons. A contestant may argue that the testator lacked the mental capacity to make a will, faced undue influence, or acted because of fraud or duress. A challenge may also claim that the will did not follow the required signing and witnessing rules.
State law requires the testator to have a sound and disposing mind and generally requires a written will to include the person’s signature and the signatures of at least two credible witnesses. On the other hand, holographic wills written entirely in the testator’s own hand do not require any witnesses.
A will may also be challenged if the testator revoked it before death or later created an estate planning document that replaced it. The burden of proof varies based on the type of challenge and the evidence supporting it.
Understanding The Duties Of Executors And Administrators
Executors and administrators manage estate property for the benefit of the estate and its beneficiaries. Their duties include:
- Protecting assets
- Collecting money owed to the estate
- Paying valid debts
- Keeping clear records
They must also act fairly and put the estate’s interests first. Personal representatives must use reasonable care when managing estate property. They must treat beneficiaries fairly, provide relevant information about the estate, and keep estate assets separate from their personal property.
Personal representatives generally must prepare an inventory of estate property. They must also provide required accounts of estate income and expenses. Using estate assets for personal purposes or mixing estate and personal funds may breach their fiduciary duty. Hiding assets or making unauthorized distributions may also violate that duty.
The Significance Of Evidence In Probate Disputes
Evidence often plays a central role in probate disputes. Attorneys may review testimony from witnesses to the will signing, medical records, expert opinions, bank statements, tax records and property records.
Earlier wills, trusts, amendments and correspondence may show whether the disputed estate plan matched the decedent’s prior wishes. Financial records may reveal asset transfers or mismanagement.
Mississippi law governs what witnesses may say and which documents the court may consider. Attorneys must consider issues such as personal knowledge, hearsay, relevance and authentication when presenting evidence.
Understanding The Probate Litigation Process
Probate disputes generally proceed through Mississippi chancery courts. The process may include these stages:
- Filing the case: A party files a petition or complaint explaining the dispute and the relief requested.
- Gathering evidence: The parties exchange information through discovery, which may include document requests, written questions and depositions.
- Pretrial motions: The court may consider motions that seek dismissal or a decision on an issue before trial.
- Hearings and trial: Hearings address specific legal or procedural issues. At trial, each side presents evidence and questions witnesses. The case may take several months or longer. The length depends on the complexity of the dispute, the number of parties and the amount of evidence involved.
- Protecting estate assets: A probate dispute does not automatically stop all estate distributions. The court may restrict distributions or take other steps to protect estate property while the case continues.
- Appeal: A party may appeal an eligible court decision, which can extend the process.
Each probate dispute follows its own timeline. The nature of the case, the size of the estate and the number of people involved can affect how long it takes. An attorney can explain the process and help protect your interests throughout the dispute.
When Should You Contact A Probate Litigation Attorney?
Certain warning signs may justify speaking with a probate litigation attorney:
- An inventory or accounting shows missing assets or contains incomplete or questionable information.
- The decedent signed a new will or trust after a major decline in mental capacity.
- A caregiver or non-family member received a large benefit after a last-minute estate plan change.
- A personal representative refuses reasonable requests for estate information.
Addressing these concerns early can help preserve evidence and locate missing assets. It may also help prevent further harm to the estate.
Alternatives To Litigation: Mediation & Settlement
Mediation can resolve a probate dispute without taking every issue to trial. The parties may agree to mediation, or a court may refer a case when appropriate.
During mediation, a neutral mediator helps the parties discuss their concerns and explore possible solutions. The mediator does not decide the dispute. The parties control the negotiations and decide whether to settle and what terms to include in an agreement.
Settlement terms can address specific assets, property sales, accounting disputes or estate distributions. This flexibility can help the parties reach solutions that a court judgment may not provide. It may also help preserve family relationships. Mediation may reduce legal costs and keep sensitive family matters out of a public trial.
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.