Unfortunately, the transfer of wealth through the probate process or trust administration sometimes results in family disagreements and disputes. These disputes can involve various types of controversy. Alleged mental incapacity of the person making the will (testator) or trust (grantor), alleged undue influence upon the testator or grantor by an heir or beneficiary, conflicting will or trust document interpretation or construction, or improper conduct of personal representatives, trustees, or beneficiaries are just a few types of controversy. Family members may dispute establishment or conveyance of jointly owned property or excessive fiduciary fees. All of these issues must be handled by a skilled lawyer.
The resolution of these disputes often requires the assistance of an attorney. O'Reilly Rancilio's Macomb County attorneys have a reputation for resolving such competing interests where possible and providing aggressive advocacy services on behalf of a beneficiary or a fiduciary where necessary. These services may include:
Litigation in the probate court requires a unique set of litigation skills coupled with the ability to counsel families. The litigators in our estate planning and probate practice group and litigation practice group have resolved routine and complex disputes in probate court on behalf of beneficiaries, personal representatives, trustees and other fiduciaries. As in other areas of the estate and probate practice, O'Reilly Rancilio uses its attorneys and staff in the most cost-effective way to bring about the best results in probate or trust litigation or adversarial proceedings.
Our probate and trust litigation attorneys are: