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Family Disputes During The Probate Process

The probate process is a difficult one for many families. After a death in the family, long-standing family disputes and emotions can be triggered and complicate the probate process. Some of the disputes that arise between family members cannot be resolved without litigation or mediation.

Common areas of dispute include situations where the person chosen by the will or the court to manage the estate does not make sound decisions regarding the estate and its beneficiaries or that person uses estate money for their own personal use. In such situations, beneficiaries can ask the court to remove the person. In addition, sometimes the will is challenged by a beneficiary because it was procured by fraud or through undue influence.

The lawyers at Blish & Cavanagh LLP have successfully litigated these disputes both at probate courts and in the state courts which handle appeals from probate court decisions. Our extensive litigation experience and reputation as well as our sensitivity to the unique nature of probate disputes will be of great benefit to you and your family.

Our lawyers also handle trust litigation involving disputes over fiduciary duties, distribution issues, trust mismanagement, removal of trustees, trust terminations and declaratory judgment actions seeking judicial interpretation of trust provisions.

Additionally, Blish & Cavanagh, LLP has successfully represented creditors and claimants in probate proceedings where recoveries are complicated by procedural hurdles which our attorneys are well equipped to handle.

If you believe you have been harmed or are the victim of an impropriety involving a will, trust or probate estate call the lawyers at Blish & Cavanagh, LLP to get the best advice. Our lawyers can represent you in contested probate proceedings as well as in appeals to State courts. If you are an executor, administrator or trustee and are involved in a contentious situation which could expose you to personal liability, the lawyers at Blish & Cavanagh, LLP are ready to help. Our experienced lawyers will provide you with the advice you need and the best defense possible if claims are asserted.