Salem, Massachusetts, Probate Litigation Attorneys

Conflicts and controversies are common during probate. Sometimes, disagreements between family members or other beneficiaries lead to problems that can only be resolved in a courtroom. Usually, these controversies surround the validity of a will or the terms of a will.

The person at the center of most of these disputes is the personal representative, or person in charge of the estate's administration and distribution.

When you face potential allegations of abuse and you are a personal representative of an estate, you need a strong legal defense strategy. Likewise, if you are concerned that an estate's administration is being handled improperly, consult with Casey & Lundregan, P.C. We can investigate the facts to provide a detailed evaluation and a litigation strategy for you.

Our attorneys are well-known and respected litigators in the Essex County Probate Court and provide effective advocacy through compelling arguments and thorough research. Contact Casey & Lundregan, P.C., at 978-224-8893.

Conflicts Involving A Will

A will contest is one of the most common conflicts that arise during probate. People may turn to Casey & Lundregan, P.C., if they suspect their loved one's will was illegally altered in some way.

Undue influence may be alleged, which means that someone is suspected of improperly influencing the will creator to benefit him or herself. Other grounds for a will contest include fraud, lack of formality or lack of capacity. When facing these issues, it is important that you turn to the attorneys at Casey & Lundregan, P.C., who have specialized in probate litigation for three generations.

Breach Of Fiduciary Duty

Another common charge is called breach of fiduciary duty. The law requires those with these important duties to fulfill the role with integrity. If beneficiaries suspect a fiduciary — such as a personal representative of an estate, a trustee of a trust or a person acting under a power of attorney — is not diligently, timely or truthfully fulfilling this fiduciary role, our experienced attorneys can advise you of a course of action to remove the fiduciary from his or her position. Current probate rules require a notice to each heir that invites the heir to object to a named personal representative in an estate from serving. The long-established legal principles require very specific grounds for an objection to be successful. The attorneys at Casey & Lundregan, P.C., have earned a local reputation for being successful at having unsupported objections stricken at the Essex County Probate Court.

In some cases, these allegations are simply untrue. When this happens, it is important for the personal representative to secure intelligent and experienced legal help.

Our Lawyers Know Probate

Probate is often full of difficulties. Our law office has earned a respected reputation as the firm with the expertise and zealous advocacy for our clients in probate litigation. When you need an attorney during probate, call our Salem office at 978-224-8893. Our experienced probate litigation attorneys in Salem, MA, will evaluate your particular situation and come up with an effective approach to meet your needs.