We represent individuals in cases involving disputed Wills and Trusts.
Estate Litigation
Some wills and trusts are created under questionable circumstances. We represent heirs and beneficiaries who are challenging or defending the validity of a will or trust in Probate Court. We also prosecute or defend cases involving the proper management of an estate or trust.
Goodman & Goodman, LLP
We Won’t Rest Until Justice is Done
Litigation in the Probate Court may be required when there is a challenge to the validity of a Will. Beneficiaries of a Will, or heirs who are excluded from a Will, may bring litigation to determine its validity. The Will may be challenged for many reasons including Undue Influence, Lack of Testamentary Capacity, Fraud, Defects in Will Execution, Forgery, Duress, and Will Revocation.
Beneficiaries of a valid Will may also challenge the manner in which the estate representative is safeguarding and distributing estate property. The representative has a fiduciary duty to act in the best interests of the beneficiaries. A representative who violates this duty can be liable for money damages to the beneficiaries of the Will.
A person may create a Trust for the purpose of providing for family members, a charity, or other individuals. The Trustee appointed to safeguard the property has a fiduciary duty to act in the best interests of the beneficiaries of the Trust. A Trustee who violates this duty can be liable for money damages to the beneficiaries of the Trust.
Case Results
- A medical malpractice case against a neurologist and hospital for failure to properly diagnose a neurological condition. Result: $5,200,000 recovered.
- A premises liability case involving failure to maintain a loading dock, resulting in spinal injuries. Result: $2,900,000 recovered.
- A medical malpractice case against a hospital and physician for failing to diagnose a spinal fracture. Result: $1,400,000 recovered.
- Auto collision causing the wrongful death of a 23-year-old woman. Result: $1,000,000 (policy limits) recovered.