What Is Contested Probate?

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.

The goal of these proceedings is to honor the wishes of the deceased individuals by ensuring their property and money is distributed to its intended beneficiary. Most often, we are called in when, in the final years of life, a loved one suddenly makes drastic changes to their Will, to ownership of their property, or to the beneficiaries of their money. 

No two situations are alike when it comes to contested probate proceedings. If you have discovered your loved one may have been taken advantage of, we encourage you to call our office for a consultation.