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When an individual dies without a Last Will & Testament, or with a Last Will & Testament directing the Court to give certain assets to certain individuals, this process is call 'probate' and is also referred to as estate administration. The first step in the probate process is to determine who will serve as the Personal Representative.

Have you recently been asked by a parent or a loved one to act as their Power of Attorney for either financial or medical decisions? Or perhaps, Mom and Dad would like for you to be Trustee of their newly signed Trust.

You contacted an attorney, and met with them to establish your estate plan. You worked through all the hard questions, signed all the documents, and have informed your heirs where you have stored the documents; you're all set, right?

A contested probate proceeding (also known as fiduciary litigation) is a process that seeks to recover property or money that has been wrongfully withheld from its intended beneficiary. The proceedings can include an attempt to discover assets in order to pay the debts of the deceased, a lawsuit for fraud, duress, or undue influence over someone of weaker persuasion, an attempt to invalidate a deed or beneficiary designation based on lack of capacity, and a long list of other available remedies.