Probate Litigation

Conn Kavanaugh represents individuals as well as financial institutions in controversies which arise in relation to wills, trust and other estate matters. The Family Law Group represents clients in the following types of actions:

• Will Contests
• Trust Actions
• Accounting Accounts
• Claims Against Fiduciaries
• Conservatorships
• Guardianships

Conn Kavanaugh understands that probate litigation often involves difficult and emotionally charged circumstances. Our trial team has the expertise to thoroughly and thoughtfully evaluate your case in a compassionate manner and to render sound legal advice with the goal of prompt and economical resolution.

Will Contests

Our attorneys regularly represent both heirs who feel they have been unjustly omitted from a loved one’s last will and testament and executors who have a fiduciary duty and obligation to defend a will filed for probate. Disputes concerning the validity of a will, the absence of a will, capacity issues and allegations  of undue influence are unfortunately common. If you have any questions concerning the validity of a will, contact Conn Kavanaugh.

Trust Actions

Trust Contests

A trust contest is similar to a will contest. An individual may use a revocable trust, rather than a will, to provide for the ultimate distribution of his or her assets upon death. In other instances, an individual may create an irrevocable trust during life (usually in order to avoid taxes) for the benefit of family members or charities. Like a will, the validity of a trust may be contested. If you wish to question the impartiality of a trustee and/or one or more of the trustee’s decisions, contact Conn Kavanaugh.

Trust Reformation

When a trust created during an individual's life, or under a will, fails to qualify for favorable tax treatment, federal and state law often allow for the trust to be reformed through a court proceeding so that the trust does so qualify. We have the knowledge and experience to prepare the reformation documentation and represent the trust’s interests in court and before the Internal Revenue Service.

Accounting Actions

Statutory law often requires that fiduciaries periodically file accountings with the courts. In addition, beneficiaries of a trust or an estate may be entitled by
law to request that the court require a fiduciary to file an accounting for estates and trusts over which the court has jurisdiction. A beneficiary may seek an accounting if he or she is concerned about the administration of an estate or trust. Conn Kavanaugh lawyers will assist beneficiaries with petitioning the court for accountings and will prepare accountings for fiduciaries who are required to submit such accountings. Because of their extensive experience with court accountings, attorneys are well-equipped to review and prepare accountings to ensure our client’s interests are protected. If necessary, litigators are prepared to question or defend fiduciaries and their accountings.

Claims Against Fiduciaries

Fiduciary Misconduct

On occasion, beneficiaries or creditors of an estate may take issue with the actions of a fiduciary and make claims based upon the fiduciary’s breach of duty; self-dealing or negligence. Such claims arise not only in the administration of trusts or decedents’ estates, but also in connection with conservatorships, guardianships and powers of attorney matters. Conn Kavanaugh attorneys both defend fiduciaries against which claims are made and prosecute such claims on behalf of beneficiaries and estate creditors.

Fiduciary Removal

Beneficiaries who are dissatisfied with a fiduciary may petition a court to remove that fiduciary. Conn Kavanaugh attorneys represent both beneficiaries wishing to remove a fiduciary and fiduciaries who are defending against a removal action.

Surcharge Actions

Claims are sometimes made that a fiduciary has committed fraud or engaged in some sort of wrongdoing resulting in loss to the estate or trust. The court in such cases may surcharge the fiduciary for breach of fiduciary duty and order the fiduciary personally to make the estate, trust or the beneficiaries of the estate or trust whole. Conn Kavanaugh attorneys represent both beneficiaries bringing such claims, as well as fiduciaries defending against such claims for surcharge.

Conservatorships and Guardianships

When an individual becomes incapacitated and can no longer manage their affairs or take care of themselves, family members or other concerned individuals may ask the court to protect the individual by appointing a conservator or guardian. A similar proceeding exists for developmentally disabled adults.

Usually these conservatorship and guardianship proceedings are uneventful and uncontested. However, in some cases, disputes arise among family members or other interested persons. In these instances, a member of the Conn Kavanaugh Family Law Group can help.

>>Please contact us with any questions or for an assessment about probate litigation.