Probate & Estate Litigation

Some transitions are expected.

Others arrive without warning.

Most of us would rather not think about a time when we can no longer make decisions for ourselves or what will happen after we die. But planning ahead while you are able to make these decisions, keeps control where it belongs, with you. It allows you to decide who can act on your behalf if you are unable to act for yourself and what happens to your property after you die.

Good estate planning is about more than deciding who receives your property. It is also about deciding how your assets will pass, who will be able to make decisions if you cannot, and whether some assets can pass without going through probate. Thoughtful planning gives you more control over these decisions rather than leaving them to laws that may not reflect what you would have chosen.

A decision that needs to
be made quickly.

These are often the moments when guidance matters most.

Our

Approach

Choosing the Right Tools

Choosing the

Right Tools

These are your choices, and you are in control. There is no single estate plan that works for everyone. The right tools depend on what you own, who you want to provide for, and what you want your plan to accomplish. Wills, powers of attorney, advance directives, beneficiary designations, deeds, trusts, and other planning tools can be used individually or together to put your plan in place.

Trusts

What you have built matters. A trust is not only about what happens to your property after you die. It is also about how your property is managed during your lifetime. A trust can be an important part of incapacity planning by providing for the management of your property if you are no longer able to manage it yourself. It can also determine when and how your property passes to others and, when properly funded, help keep trust property out of probate.

Avoiding Unnecessary Probate

Avoiding

Unnecessary Probate

Planning ahead is paramount. Probate can be long and expensive. Not everything you own must pass through probate. Some property can pass directly to the people you choose without going through probate. Beneficiary designations, payable-on-death accounts, transfer-on-death deeds, properly titled property, and funded trusts are some of the tools that can make that possible. The key is knowing these options exist and putting the right ones in place while you still have a choice.

Power of attorney

and advance directives

Power of attorney

and advance directives

Estate planning is not only about what happens after death. It is also about making sure someone you trust can step in when you need help managing your affairs or making important decisions. Powers of attorney and advance directives allow you to designate who can act on your behalf in financial and health care matters and help ensure that your wishes are understood and respected if you become unable to communicate them.

Inherited Property

and Unexpected Obligations

Inherited Property

and Unexpected

Obligations

Heirs often learn only after a property owner dies that financial obligations are attached to the property. Sometimes this discovery arrives via a letter demanding action on a mortgage or reverse mortgage while the family is still grieving. Liens, taxes, and other claims may also affect whether the property can be kept, transferred, or sold. We help clients understand what is owed and what options are available, whether the goal is to keep the property, pursue alternatives to foreclosure, defend against foreclosure when necessary, or make an informed decision to sell.

Probate & Estate Litigation

Estate-related

property and

asset issues

Sometimes things do not go as expected. You may have questions about whether a will is valid, believe property is missing from an estate, disagree with an accounting or distribution, or have concerns about how an estate is being handled. We represent personal representatives, heirs, beneficiaries, and other interested persons in probate disputes. When a dispute can be resolved without prolonged litigation, we look for that path first. When court intervention is necessary, we are prepared to represent you through the litigation process.

Understanding

the Probate

Process

Probate is the legal
process of administering
a person’s estate.

That

can include

Opening the Estate

The first step is filing the petition to open the probate estate. In essence, you are asking the court to appoint a personal representative who has the legal authority and responsibility to act on behalf of the estate.

of the estate.

Identifying and

Marshaling Estate Assets

Identifying and

Marshaling Estate Assets

The personal representative must determine what the estate owns and take control of that property. This may include locating financial accounts, real property, vehicles, personal belongings, safe-deposit boxes and other assets, and determining what actually belongs to the probate estate. This is often

called “marshaling the assets.”

Inventories and Required Filings

Inventories and

Required Filings

Once estate property is identified, the personal representative may be required to file an inventory identifying the estate's assets and values, along with other required reports and court filings. These filings document what came into the estate as the administration

moves forward.

Creditors, Claims

and Estate Obligations

Creditors, Claims

and Estate Obligations

The personal representative must also address what the estate owes. This can include required notices, creditor claims, taxes, mortgages, liens, and other obligations before the remaining estate property can be distributed.

Accountings,

Distribution and Closing

Inventories and

Required Filings

As the estate moves toward completion, the personal representative must account for how estate property and funds have been handled during the administration. Once the estate's obligations and other requirements are completed, the remaining property can be distributed and the final steps can be taken to close the estate.

We bring structure to situations that often feel uncertain.

Not just completing required stepsbut ensuring nothing is overlooked and everything is handled correctly.

Because delays and errors
can create unnecessary complications.

Sometimes the hardest part is simply knowing what options are available. Whether you are planning ahead or dealing with an estate after someone has died, we can help you understand your choices and decide what makes sense for you.

SCHEDULE A CONSULTATION

Client experiences and results vary.

Past results do not guarantee or predict

a similar outcome in any future matter.

Ruth M.

“My partner died suddenly during COVID without a will. A young man opened a probate estate for my partner, claiming that he was my partner's son. Neither I nor my partner's family

believed that he was.

We hired Ms. Braxton to object to his appointment as personal representative of the estate. During the probate litigation, Ms. Braxton was able to establish through court-ordered DNA testing that the young man was not related to my partner. The court removed him as personal representative, preventing him from taking control of my partner's assets, including his home.”

“My partner died suddenly during COVID without a will. A young man opened a probate estate for my partner, claiming that he was my partner's son. Neither I nor my partner's family believed that he was.

Estate Planning And Probate

A decision that needs to be made quickly.

A decision that needs to be made quickly.

These are often the moments when guidance matters most.

These are often the moments when guidance matters most.

Probate is the legal process of administering a person’s estate.

Probate is the legal process of administering a person’s estate.

We bring structure to situations that often feel uncertain.

We bring structure to situations that often feel uncertain.

Not just completing required steps

but ensuring nothing is overlooked

and everything is handled correctly.

Not just completing required stepsbut ensuring nothing is overlooked and everything is handled correctly.

Because delays and errors can create unnecessary complications.

Because delays and errors can create unnecessary complications.

Sometimes the hardest part is simply knowing what options are available. Whether you are planning ahead or dealing with an estate after someone has died, we can help you understand your choices and decide what makes sense for you.

Sometimes the hardest part is simply knowing what options are available. Whether you are planning ahead or dealing with an estate after someone has died, we can help you understand your choices and decide what makes sense for you.

A decision that needs to
be made quickly.

A decision that needs to
be made quickly.

These are often the moments
when guidance matters most.

Probate is the legal
process of administering
a person’s estate.

Probate is the legal
process of administering
a person’s estate.

We bring structure to situations
that often feel uncertain.

Because delays and errors
can create unnecessary complications.

Sometimes the hardest part is simply knowing
what options are available. Whether you
are planning ahead or dealing with an estate after
someone has died, we can help you understand
your choices and decide what makes sense for you.