Estate Litigation

At Scarfone Hawkins LLP, we recognize that estate disputes can be emotionally and legally complex. Our dedicated team of estate litigation lawyers is committed to providing expert guidance and representation to help you navigate these challenging situations. We offer a comprehensive range of services to address all aspects of estate litigation.

Our Services Include:

1. Will Challenges: We assist clients in contesting the validity of a will based on grounds such as lack of testamentary capacity, undue influence, or improper execution.
2. Capacity Issues: Our team provides legal support in cases involving questions about the mental capacity of individuals to make decisions regarding their estate.
3. Undue Influence: We represent clients in cases where a will or other estate planning documents may have been created or altered under undue influence.
4. Powers of Attorney and Guardianship Issues: We handle disputes related to the misuse or abuse of powers of attorney and guardianship arrangements.
5. Will Interpretation: Our lawyers offer expertise in interpreting the provisions of a will to ensure the testator’s intentions are accurately carried out.
6. Estate Administration: We provide comprehensive support in the administration of estates, ensuring that all legal requirements are met and disputes are resolved efficiently.
7. Breach of Trust and Breach of Fiduciary Duty: We address breaches of trust and fiduciary duty by executors, trustees, and other fiduciaries, ensuring accountability and protection of beneficiaries’ interests.
8. Dependant Support Claims: Our team assists dependants in making claims for support from an estate, ensuring their financial needs are met.
9. Trustee Disputes: We represent clients in disputes involving trustees, including issues of trustee misconduct and conflicts of interest.
10. Claims Against Attorneys, Executors, and/or Trustees for Fraud, Misuse of Funds, Conflicts of Interest: We handle claims against fiduciaries for fraud, misuse of funds, and conflicts of interest, ensuring justice and proper estate management.
11. Missing or Unascertained Beneficiaries: We assist in locating missing or unascertained beneficiaries to ensure the proper distribution of estate assets.
12. Passing of Accounts: Our lawyers provide support in the formal passing of accounts, ensuring transparency and accountability in estate administration.
13. Trustee Compensation: We offer guidance on issues related to trustee compensation, ensuring fair and reasonable remuneration for services rendered.
14. Intestacy: We handle cases of intestacy, ensuring the proper distribution of assets when an individual dies without a valid will.
15. Death of Business Owners: Our team provides legal support in managing the complexities that arise when a business owner passes away, ensuring the continuity and proper administration of the business.
16. Mediation of Estate Disputes: We offer mediation services to help resolve estate disputes amicably and efficiently, minimizing the emotional and financial toll on all parties involved.
17. Section 3 Counsel: We provide representation for individuals under Section 3 of the Substitute Decisions Act, ensuring their rights and interests are protected.
18. Advising and/or Acting as Estate Trustee During Litigation: Our lawyers offer advice and representation for estate trustees during litigation, ensuring compliance with legal obligations and effective management of the estate.