Probate & Trust Administration

Probate and trust disputes can be among life’s most challenging experiences. McDowall Cotter attorneys combine expertise and compassion to help you through them.

Estate Administration does not always go as planned. When you consider the intricate nature of many personal estate plans alongside the fact that occasionally they are drafted by well-intentioned but nontheless inexperienced laypersons, it is not surprising that estate administration does not always go as one might wish. Spouses are asked to defend the validity of wills over which they have control. Trustees are deemed less trustworthy than their titles would imply. Estate plan language that initially seemed incontrovertible turns out, upon closer inspection, to be incomprehensible. Assets are suddenly impossible to trace.

In situations such as these. McDowall Cotter’s litigation team offers not only expertise and compassion but also perspective drawn from close association with our own Estate Planning & Wealth Preservation attorneys. We handle breach of trust actions, will contests, and other probate litigation with just the right mix of empathy and advocacy.

Areas of Expertise:

  • Creditors Claims (both on behalf of creditors and defense against claims)
  • Defense of Trustees and Executors accused of having breached their duties
  • Removal of Trustees and Executors and defense against motions for removal
  • Partition of real property interests
  • Will and Trust Contests based upon claims of undue influence and questions of capacity
  • Elder Abuse Claims
  • Determination of spousal property interests
  • Title and ownership issues concerning real estate and other investments
  • Distribution of assets among beneficiaries
  • Surcharge and reimbursement claims

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