Probate, Trust & Estate Litigation

Dealing with the loss of a beloved family member or friend is an emotionally, and possibly financially, grueling event. Unfortunately, the difficulty of such a loss often expands into a battle over the distribution of the deceased’s assets, as beneficiaries each stake their claim to that to which they believe they are entitled. Emotions run high, patience runs low, and trusted professionals are needed to guide clients through these deeply unpleasant contests.

Our attorneys have spent years representing clients embroiled in probate, trust, and estate disputes. We not only litigate and mediate these claims, we also counsel our clients on how best to comport themselves when confronted by claimants who are family members or with whom they share a life-long connection that could collapse in the heat of the asset dispute. We are attorneys by trade, but we are counselors by nature; and we never lose sight of the human emotions that drive many lawsuits and which are key in resolving disputes between warring parties.

We vigorously yet thoughtfully represent beneficiaries, heirs, and related interest-holders in a wide assortment of probate, trust, and estate disputes, including:

  • Will contests
  • Trust contests
  • Guardianship disputes
  • Breaches of fiduciary duty involving trusts and estate administration
  • Estate planning malpractice
  • Undue influence claims
  • Elder abuse

Among the more memorable estate disputes we have handled was one in which we represented a beneficiary alleged to have unduly influenced the deceased to reallocate the posthumous distribution of a large portion of his multimillion-dollar estate from one beneficiary (not our client) to another beneficiary (not our client). In the end, our client was not only absolved of any wrongdoing, he was able to retain his proper portion of the estate; and the accusing parties agreed to pay our client’s legal fees in full.

At Silver Miller, we have a depth of experience with claims of fraud, duress, and undue influence. If you have any questions or concerns about your legal rights as they relate to your interest in a probate matter or the distribution of someone’s trust or estate, contact us for a no fee, no obligation consultation; and we can discuss with you your options in protecting your interests. And because most legal fees in such disputes get paid from the estate, the estate itself will likely be responsible for paying us our fee for representing you.