Probate And Estate Litigation

Probate is a court proceeding utilized to supervise the transfer of assets to the proper heirs and beneficiaries. It is also a process to determine who is entitled to receive distributions of a deceased's property according to stipulations of that person's will or the laws of intestate succession if a person dies without a will.

In Connecticut, probate proceedings are conducted in the local probate court for the county in which the decedent lived. In New York, probate is handled by the Surrogate's Court in the county where the decedent lived.

An executor of a will is not required to hire an attorney to handle the probate process. However, probating an estate of any significant value can prove to be challenging. Ensuring that everything is handled properly is vital. A single mistake can result in a lengthy delay. Mistakes made in this role can result in legal liabilities, will contests, family tensions and even lawsuits.

Representing Clients In Probate Administration And Estate Litigation

At Ferguson Cohen LLP in Greenwich, Connecticut, our experienced probate lawyers will oversee every aspect of probate for you to make sure you are in compliance with the relevant laws and fulfilling your fiduciary duties as an executor.

We also represent beneficiaries, heirs, executors, administrators, personal representatives and others in challenges to the validity of wills or trusts, breach of fiduciary duty claims, mismanagement of funds, disputes regarding the construction of wills and other estate litigation.

Our legal team's extensive experience in creating and modifying comprehensive estate plans for high-asset individuals means we have a thorough knowledge of the complexities involved in properly administering them. We represent plaintiffs or defendants regarding will contests that assert fraud, undue influence, improper execution or the existence of a subsequent will.

In many instances, we are able to reach a fair resolution without going to trial. However, we always stand ready to protect your rights in court if necessary.

If you need assistance administering a will, or if you are involved in a current or potential estate or trust dispute, call or email us to learn how we can help.