Compassionate Probate And Estate Litigation Attorneys

Conflicts can arise during the probate process. Unfortunately, these disputes often involve close family members who are still grieving over the loss of a parent or another loved one. The additional stress often complicates an already troubling time.

The compassionate lawyers at Allen Wellman Harvey Keyes Cooley, LLP, understand that navigating complex family dynamics is often a vital aspect of resolving probate and estate disputes. Contact us at 317-468-2355 to learn how we can help.

Experienced In Resolving Wills And Trusts Contests

We represent heirs, personal representatives, executors, beneficiaries, family members, trustees, and others in trust and will contests. Common issues in probate and estate litigation include:

• Spousal election disputes: These can occur when a surviving spouse feels that the will does not fairly provide for them and seeks to claim a share of the assets that aligns with their legal rights.
• Challenging the validity of a will: This involves questioning whether the will is genuine or properly made, possibly because there is a newer will or because the original will wasn’t executed correctly.
• Undue influence: Claims can arise if someone suspects that a person pressured or manipulated the will creator into making decisions that favor them, rather than reflecting their true wishes.
• Fraud: This can involve deceitful practices when creating or changing a will, such as lying about important facts or hiding information to benefit a particular individual.
• Mental capacity to execute the will: Concerns can arise if there are doubts about whether the person who made the will fully understood what they were doing at the time, which might make the will invalid.
• Breach of fiduciary duty: Executors or trustees might face accusations for not acting in the best interests of the beneficiaries, such as by mishandling assets or neglecting their duties.
• Breach of trust: This involves allegations that a trustee has not followed the trust’s rules or purpose. For example, they may misuse funds or make unauthorized decisions.
• Abuses in trust or will administration: Claims can arise when there are suspicions of mismanagement or unfair treatment in handling a trust or will, which might harm those who should benefit from it.

When you retain our firm to resolve your probate and estate dispute, we will take the time to fully evaluate the dispute and your legal options. In many situations, disputes can be resolved through inquiry.

However, as skilled trial lawyers, we believe that preparing for trial is the key to achieving the most favorable outcome. We begin preparing for trial from the very beginning, even if a matter is ultimately resolved amicably. Our efficient approach to the law is your advantage.

Can Trusts Be Contested In Indiana?

Yes, trusts are contestable in Indiana if there are valid concerns about their creation or administration. If solid grounds exist, the person who wishes to challenge the trust must file a petition in court. All involved parties receive notifications and can respond.

The process includes evidence gathering and court hearings, where the court assesses the validity of the trust. A court decision will then determine whether the trust is upheld, modified or invalidated. If you wish to challenge a trust or fight a contest, our firm is ready to guide you through the process.

How Long Does Probate Litigation Take In Indiana?

The duration of probate litigation can differ significantly based on the case’s complexity and the issues involved. Generally, straightforward cases might take a few months to resolve. In contrast, more complex disputes can take a year or longer to reach a resolution.

Factors that can affect the timeline include:

• The number of parties involved
• The nature of the disputes
• The availability of evidence
• Court schedules

You can consult an experienced attorney at Allen Wellman Harvey Keyes Cooley, LLP, who can provide a better estimate based on the specifics of your case.

Call For A Confidential Consultation To Discuss Your Probate And Estate Concerns

Allen Wellman Harvey Keyes Cooley, LLP, has served individuals in Indiana since 1918 with high-quality legal representation. Call 317-468-2355, or contact us online to request a confidential consultation to discuss your probate and estate concerns.

Our main office is in Greenfield. We also meet clients by appointment in our satellite office in Indianapolis.