South Bend Indiana Attorney Provides Representation in Probate Litigation
Providing exceptional attention in resolving your probate issue
The law office of Thomas E. Panowicz LLC provides aggressive litigation when necessary to represent you in probate court. If competing heirs are delaying your inheritance, we work hard to quickly resolve your issue. We represent you both inside and outside the courtroom to solve your probate disputes.
Handling various types of Indiana and Michigan probate litigation issues
- Will contests and trust litigation -- Lawsuits against an estate occur when the heirs contest the validity of a will or question whether the trustee properly distributed trust funds.
- Breach of fiduciary duty -- A fiduciary duty is a legal duty to act solely in another party's interest. A fiduciary breach by a trustee can deplete an estate and destroy the heir's inheritance. Types of fiduciary breaches include:
- Self-dealing and unauthorized gifting
- Altering legal documents
- Improperly disclosing confidential information
- Guardianships and conservatorships -- The court can assign a guardian to care for the needs of an incapacitated person or a conservator to care for a protected person. A guardian or conservator handles many of the personal needs of the incapacitated or protected person, such as:
- Financial management
- Living arrangements
- Healthcare decisions
- Transportation and safety
What are common claims in probate litigation?
In probate, the court appoints a legally qualified person, called a personal representative, to complete the estate administration of the decedent's assets, which includes settling all business affairs and passing the decedent's property on to the rightful heirs. Under Indiana law, any interested person may contest the validity of any will within three months after the date of the order admitting the will to probate. The person making the allegation must file an affidavit with the court. The executor and all other interested parties in the will become defendants to the action. Common claims contesting will legitimacy include:
- Lack of mental capacity of the testator (the maker of the will)
- Undue influence during the execution of the will
- Duress or fraud in the creation of the will
- Any other valid objection to the will's validity or the probate of the will
Estate planning attorneys can handle the complications and stressful details of the probateprocess for you. With guidance from an estate planning attorney, you can feel confident that your rights are being protected.
Contact a litigation attorney to resolve your probate dispute
The law office of Thomas E. Panowicz LLC has a knowledgeable team that is ready to tackle your probate issue and find a quick solution. We offer flexible hours and a free consultation to discuss the details of your unique case. Our office is located near the University of Notre Dame. We also serve clients in Michigan. Free parking is available with access to public transportation. To schedule an appointment, contact us online or call us at 574-277-2400.