Estate Litigation & Claims

Padgett Law – Indianapolis Estate Litigation Lawyers

Disputes over inheritances can take many forms. Certainly the most common are Will and trust contests, which directly put at issue the validity of a Will or a trust that is already subject to administration. But Will and trust contests are by no means the only form of estate litigation. Often the litigation to be brought or defended is in the form of a “claim” filed in the decedent’s estate. Claims that should be filed in an estate proceeding are subject to specific and very short statutes of limitations. Litigation of claims can be particularly difficult; they require special expertise because of formal pleading requirements and limitations on admissible testimony (such as the “Dead Man’s Statute”). Estate litigation can take many other forms, including determinations of heirship, accountings and objections to accountings filed by the personal representative, by an attorney-in-fact, or by a trustee; tort actions for Interference with an Inheritance; breach of fiduciary duty actions; questions regarding the construction and interpretation of Wills or trusts; and intermeddler petitions, which are designed to restrain unauthorized persons from depleting or taking assets of the deceased.

Trust litigation can take a variety of forms, including actions against the Trustee for conflict of interest, breach of fiduciary duty, or for losses to the trust estate through negligence, self-dealing or improper investments. We have helped numerous beneficiaries to remove and replace unfaithful or incompetent trustees. We also have substantial experience with family farm trusts and the unique problems and opportunities involved in them.

The estate and trust litigation lawyers at Padgett Law have substantial experience in all of these types of estate and trust litigation, and other complex estate and trust litigation matters. Contact the experienced estate litigation attorneys at Padgett Law today.

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